Illinois considering measure I've long supported
With the passage of Amendment 80, I once thought the door would be opened for juries in courts of equity, until I looked at our state's Constitution. Illinois State Rep Monique Davis (D-Chicago) filed a proposal that would enable divorcing couples to petition the court for a jury trial in a pending divorce. I once floated this on an Arkansas listserv for attorneys and received a pretty chilly reception. "Are you trying to bring Jerry Springer to Arkansas courtrooms?"It is already allowed in Texas, where juries are able to recommend determinations of custody/conservatorship to the Court. I see nothing wrong with allowing juries (even six-man juries) to serve as the fact-finder in equitable conflicts here in Arkansas.
posted by Steve Harrelson @ 2/05/2007 03:39:00 PM | Permalink |
1 Comments:
Personally, I firmly believe in the 7th Amendment right to a trial by jury. At first blush, I think that a jury would be a refreshing alternative to the Judge as a trier of fact. Judges, in my experience, deal with so many divorces that they become systematic to their approach and short-change litigants.
Many Judges are unwilling to consider alternative parenting plans. They seem to come from the assumption that if the couple could get along in the way that a joint custody arrangement requires, then they wouldn't be getting a divorce. Fathers tend to suffer under this scenario. In the rubric of "the best interest of the child," the mother is considered the automatic custodial parent and the father must negotiate and/or litigate any custody/visitation over and above the standard visitation model.
Perhaps a jury would be a better vehicle for granting these rights to a father.
Post a Comment
Subscribe to Post Comments [Atom]
Links to this post:
Create a Link
<< Home