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  • If you want to get a fix on what's gone wrong with the American family

  • and the American city

  • spend some time, as we did recently,

  • in New York's family court.

  • And be a witness to the ways in which law and disorder works.

  • Or doesn't.

  • Stay long enough, you'll see it all.

  • The battered child, the crack mother,

  • the ten-year-old mugger,

  • the burned out social worker, the nitpicking lawyer.

  • All of them sloshing through the well-meaning swamp

  • called, The Child Welfare System.

  • And you'll find, presiding there, Judith Sheindlin,

  • Judge Judith Sheindlin.

  • And if you find her a little bit shrill, a little bit testy,

  • she'd be very pleased.

  • Unless he's in a hosptial, he's to be in school. Clear, sir?

  • This is not a legal game, counselor.

  • This witness may not have a terrific memory,

  • but I've got a very good memory, sir.

  • Do you have a lot more quetions?

  • - No, you're honor. Good.

  • Well, what do you want me to give him, a testimonial dinner?

  • Thank you very much. Step out.

  • She's a five-foot-two package of Attitude with a capital-A.

  • And pity the young lawyer who dares to question the judge's judgement.

  • Well, are you suggesting, Ms. Gutierrez,

  • that if I placed him on probation, he would never go visit his mother?

  • Are you suggesting that?

  • - No, judge. So let's be real.

  • To those that confront her, she is the evil queen in a lace-collar.

  • If that's too hard for you, sir, I guarantee you

  • I will put you someplace where you'll be in bed at nine-o-clock

  • and at school every day.

  • That's where the rest of your friends are.

  • And she deals with legal procedures with a scalpel.

  • So, your objection's noted, it's overruled, have a seat.

  • - Your honor. No, no. Listen to me.

  • This is not a tea party.

  • You make an objection, I rule.

  • The players in this theater of misery are the judge, lawyers,

  • case workers, addicted parents, and cast-away children.

  • You make a fool of me again, sir,

  • by not doing what you're supposed to do

  • and I guarantee you it'll be a very sorry day.

  • Do we understand each other? - Yes.

  • He responded to his parole, to his father in conjunction ...

  • Unlike criminal court, there is no jury.

  • Those present are supposed to work out a solution

  • that is supposed to be in the best interest of the child.

  • It is never easy.

  • This baby was born drug-addicted

  • and if you keep using drugs,

  • the other baby's going to be born drug-addicted.

  • And I'm telling you right now,

  • you're not going to be taking this baby home from the hospital

  • because the commissioner's not going to let you.

  • And when she feels that the best interest of the child

  • is to scare the living day-lights out of him,

  • she does not shy away.

  • Now, for you Joey, I want you to stand up.

  • Because I have a few things to say to you.

  • I am dismissing this case, sir,

  • because the law says that I must.

  • That doesn't mean you're innocent, sir.

  • That doesn't mean that you weren't involved in

  • both of these robberies that night.

  • That just means that they weren't able to prove it.

  • We understand each other, sir?

  • - Yes.

  • That little boy,

  • the thirteen-year-old boy who was sitting right here,

  • you were trying to scare the hell out of him?

  • Correct.

  • You think you did?

  • I don't know, but I try.

  • Now, do you think you really scared him?

  • I scared him not only by what I said to him verbally,

  • but by the fact that when he was originally in the court,

  • he was arraigned by another judge

  • and he was told to go to a particular program,

  • an all-day school.

  • And he didn't go.

  • I said to him, we're not playing games here with you.

  • This is the rule. You were told you were going to be paroled

  • if you went to the alternatives to detention school.

  • You didn't go to the school, you go to detention.

  • And if we're going to make orders, we have to be prepared to enforce them,

  • otherwise everybody laughs at us and thinks that we're full of b- baloney.

  • Right?

  • And baloney is what she hates.

  • But lectures, she likes a lot. Likes to give them.

  • And when a caseworker seems to be dragging his feet,

  • there is the threat of nuclear response.

  • Sir, you don't want me to have palpitations, do you?

  • - No.

  • I'm very bad when I get palpitations.

  • You have to see to it that this visitation takes place.

  • It's very important that this child gets to see his mother and grandmother.

  • And the longer he spends not seeing his family,

  • the more difficult it's going to be. Is that a fair statement, sir?

  • - Yes.

  • Well then, let's just do it.

  • The goal is to get them to do the right thing.

  • Nobody who comes into my court room,

  • who's done the right thing, is afraid.

  • They're afraid if they come in and they do the routine thing

  • which is just giving me a lot of rhetoric and gobbledygook.

  • Either one of two things are going to happen:

  • either they're going to say, I want off this case,

  • I'm never going back there before that monster again;

  • or they'll say, the next time I come in, I better have done my job better.

  • Do they ever mouth-off at you?

  • Rarely.

  • - Indeed.

  • Robert Little, the commissioner of the Child Welfare Administration,

  • had some choice words about the judge,

  • up until the cameras started turning. Then, this:

  • She's always been very cordial and

  • you know, we get along well, as far as I know.

  • You get along personally,

  • but I don't think your agency gets along well with the judge.

  • Well, she talks to me a great deal about things that need improvement,

  • as do a number of judges.

  • And we attempt to make the necessary adjustments.

  • Why must a caseworker have three supervisors?

  • We have an initial supervisor, one,

  • that is essentially a back-up to the unit supervisor.

  • The unit supervisor has a manager, a case protective manager,

  • who supervises a number of units.

  • And very often, these two supervisors and this caseworker,

  • have another supervisor.

  • - That's four so far? Right.

  • They are represented by a child welfare attorney

  • who practices here in the court.

  • Five? - Five.

  • Now, they get this one child,

  • usually there's more than one in a family, but let's say they get this one child.

  • And the city decides: We are going to subcontract

  • the care of that child to a private-care-agency.

  • I know the business.

  • There are many of them.

  • But it's a private agency.

  • That private agency has

  • a caseworker,

  • a supervisor,

  • that supervisor has a supervisor,

  • and minimally, that agency also has a lawyer,

  • that we all pay for.

  • Now we are paying for nine people

  • - for one child. For that child.

  • More than half the payments for family foster-care in New York City

  • go to kinship foster-care.

  • A program that enlists relatives, usually grandmothers,

  • to look after abused or neglected children.

  • While many people say it's an excellent way to keep familes together,

  • others, like Judge Sheindlin say,

  • it's a way to rip-off the city for big money.

  • And she has a favorite example.

  • [laughter]

  • Well, that was a foster mother who was a grandmother,

  • who had six grandchildren with her,

  • and the children were ultimately removed from her,

  • because they found the children living in abysmal conditions.

  • This lady had been receiving three-thousand dollars a month from the city

  • - The grandmother?

  • From the city to take care of the grandchildren.

  • And when I asked her, what were you doing with the money?

  • Her response to me was, 'I bought a house in Puerto Rico.'

  • The judge says, the system of paying a grandmother to be a foster parent,

  • in theory, removing a child from a destructive mother,

  • is an invitation for the whole family to cheat.

  • That money is tax-free.

  • Nobody monitors what's done with that money.

  • Nobody monitors how it's spent.

  • I've had cases where

  • both parents work for the Child Welfare Administration

  • and their children are in kinship foster-care.

  • It was used like a babysitting service.

  • The judge's repition of these horror stories

  • has opened her up to accusations

  • that she's insensitive to the needs of the people she serves.

  • Not least to the problems of caseworkers.

  • The city would not allow its caseworkers to talk to us,

  • so we asked commissioner Little.

  • Part of Judge Sheindlin's problem with this agency is

  • a caseworker comes in, often as many as three or four,

  • an entourage of three or four people,

  • of supervisors and lawyers.

  • And nobody in that entourage is familiar with the case.

  • I've always been open to the judge's constructive improvements, suggestions,

  • and will continue to be so.

  • But when they do come in like that, she beats up on them.

  • I don't have any personal observations of that type of thing.

  • But I do get a number of reports that suggest

  • that they're not held in high esteem.

  • New York City lawyers might feel the same

  • after a session in Judge Sheindlin's courtroom.

  • Mr. Wilchik, because I run my courtroom, right?

  • - I know you run your courtroom.

  • That's correct, sir. - I know all too well you run your courtroom.

  • The tail doesn't wag the dog.

  • So, all I'm asking you is, do you want me to order new reports

  • or whether we will use the old reports?

  • - Well, I just want to state my position on them.

  • That's denied. - My position is ...

  • That's denied! - that I believe ...

  • That is ... Mr. Wilchik. - My client ...

  • Mr. Wilchik.

  • - I have many things to go into with my client.

  • You want new reports? You want new reports, sir?

  • - I believe that those are ..

  • Oh!

  • God All-Mighty.

  • - ... these reports. And I just ...

  • Just tell me what you want. Old reports? Or new reports?

  • And I'll give you whatever you want.

  • Well, I believe that new reports should be ordered.

  • Good. Order new reports.

  • - because I believe that there are many statements ... Order. New. Good.

  • To Sheindlin, justice must not only be done, and seen to be done,

  • it must be seen to be done, fast.

  • Could you please move on?

  • I have about twenty other cases to do today, counselor.

  • Objections? Forget it.

  • Your honor, I would object. I believe this is beyond the scope -

  • - Just a second.

  • Adopt this witness as her own if she's going to ask.

  • Okay, let me tell you this,

  • so that you don't make that objection again.

  • Since you have an objection on the two grounds that I made

  • sit down and don't interrupt this proceeding again.

  • Sit down.

  • I was making that - - Sit!

  • Down. You are the standing objection.

  • And if you want to state any other bases for you objection,

  • I will direct that the reporter be here at five-o-clock,

  • because I have thirty other cases to do.

  • And you can come in and put any ground that you want to on the record.

  • Yes, your honor. - Good.

  • Ms. Liddy had only one more thing to say. Just read her lips:

  • If you missed it, it rhymes with "witch".

  • I worry that occasionally, because I'm outspoken,

  • that this lady's not going to be reappointed.

  • We're not going to give her another opportunity to beat our brains out.

  • We'll find somebody else who won't beat our brains out.

  • I mean, come on, we understand what's happening here.

  • This hand doesn't know what this hand is doing.

  • Now, we want -

  • All I'm saying, judge. All I'm saying -

  • All I want you to say is that I'll take care of it this week.

  • You can put families back together again.

  • You can find the right place for a kid who's in trouble.

  • You can make a difference in the life of a family.

  • And if you see a situation like that

  • and if you're not willing to commit yourself to breaking a sweat,

  • then you don't belong in this business.

  • Go to work in surrogates court. Everybody's dead over there.

  • So much for her judicial colleagues.

  • For twenty years, Judge Sheindlin has worked family court.

  • First in the Bronx. Now in Manhattan.

  • She's the fastest judge in the system.

  • Nearly three-hundred cases a month.

  • A judicial treadmill.

  • She uses a real one in the gym,

  • where the machinery never talks back.

  • Did you terrorize your own kids

  • the way you terrorize other people's kids in court?

  • They ignore me.

  • They knew at a very early age how to impose

  • young Jewish guilt on their working mother.

  • So although I tried to be intimidating,

  • I don't think I was very successful.

  • She's had two husbands and raised five children.

  • Three of them following her into the law.

  • Adam, a prosecutor on Long Island,

  • said his mother maintained a unique code of justice at home.

  • It's the court of appeals, it's even the appellate division.

  • But there is no appeals here. That's it.

  • - Judy's Law. It's Judy's Law.

  • That's exactly what it is.

  • Family dinners are done in the traditional Manhattan way:

  • they're ordered in.

  • You want to know the recipe? 212 Dial.

  • Food.

  • There are legions of caseworkers and lawyers

  • who would go into shock at these scenes.

  • The evil queen in the role of fairy grandmother.

  • Give me a kiss.

  • Given what you have to deal with every day,

  • the degredation, the abuse, the pain, the suffering, God knows.

  • What does it do to the judge?

  • What keeps me going are those few cases,

  • maybe ten a year, maybe ten a year,

  • and I do a thousand cases a year,

  • maybe ten of them, I can make a real positive difference.

  • That keeps you going.

  • I try to get the best out of people who come before me.

  • I try to give them my best.

  • I try to make the best possible solution

  • very often out of a very terrible situation.

  • I know it's just a band-aid, but it's the best possible band-aid I can put on it.

  • You think, ten years from now, it's going to be better or worse here?

  • Worse. A lot worse.

If you want to get a fix on what's gone wrong with the American family

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