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Texas judge walks off bench; when FLDS children will return is unknown
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What in the world is this judge doing. She overthrows a deal brokered by CPS. She seems to be acting as prosecutor. This is not the proper role of a judge.
She's going on "vacation" and the kids can wait till she gets back
One parent should not sign for one child (say a teenager about 17 & 1/2). Then appeal that decision.
Also, I seem to remember that if the lower Court doesn't comply - the parties can petition the Appellate Court to force the judge to sign. (Can't the Appellate hold the lower court in contempt?)
Actually, she has no leeway at all.
She could have vacated her previous order and saved face, but if she does not the higher court will vacate her order for her.
I'm wondering if she's on the brink of some sort of breakdown. I would not expect that sane, well-grounded judges would simply walk out like that. It reflects poorly on Texas, the justice system, and the legal profession, as if she were in some sort of reality tv show and not a court of law.
"...A criminal investigation into abuses at the FLDS property has been quietly progressing..."
So...there are reasons not to let children return to parents who are being investigated for sex with underage children of both sexes. Makes sense as the Judge has the total picture. We and the Press do not. The local paper had published an order of the court stating how many, more than half? of the children had one or two unknown parents or unknown names.
Judge Walther needs to re-read the Supreme Court's decision unless she wants to be bench-slapped with a writ of mandamus. She has authority to impose additional restrictions, but she does *not* have authority to link those restrictions with the return of the children to their families in some kind of tit-for-tat fashion.
The kiddies go home to their mothers first. THEN Judge Walther can impose whatever orders she feels like regarding travel restrictions, protective orders, confiscation of cell phones, prohibitions on the reading of the Book of Mormon, or whatever else she thinks she can get away with.
I think she should finalize her order and leave it to the discretion of individual parents whether they choose to agree with the conditions.
The appellate court said the children were improperly taken and are to be returned. They were taken without regard to who's child was who's and should be returned in that same fashion. Load them on the Baptist buses and return them to their homes. Period.