Sunday, December 17, 2006

Press Release emailed into me:

Press Release
Thursday December 14,2006 two Disability
(Father's) Rights
Activists set a case precedent in Danbury Superior Court for
all persons with disabilities. This decision will effect all court and indigent-disabled persons.
John DiBiase Jr., Divorced father with a disability of Meriden, CT. and William Mulready of Woodbury,CT. argued a Civil
Rights case regarding the right of persons with disabilities to
be represented in court by legal representation and the right to access to court records (court transcripts). The presiding Judge was Judge Referee, Sidney Axelrod.
Mr. DiBiase Jr. was petitioning the court to award him with a G.A.L. attorney and for the court (state) to pay for court transcripts which Mr. DiBiase could not afford because he is indigent. A Guardian Ad Litem is a person,usually a parent,
appointed by the to represent a child or unborn person in a court case. If a family member is not available, a judge may appoint an attorney. Mr. DiBiase argued that a person with a mental health,hidden disability should have the same rights
as a child before the court. Also as an indigent person Mr.
DiBiase argued that he was entitled to and attorney and
for the court to pay for his court transcripts. This very issue
was debated at the recent Governor's commission and Supreme Court hearings on Judicial Accountability and the
publics access to the courts and court records. Mr. DiBiase argued that because he was granted a fee waiver for the same
request of court transcripts that he should be granted the same request in Danbury court. Mr. DiBiase was granted fee waivers in Meriden Superior Court only weeks before for court transcripts by Judges Romeo G. Petroni (Judge Referee) and
Superior Court Judge Mark H. Taylor.
A motion for a G.A.L. attorney was denied by Judge Nicola E. Rubinow in the same Meriden court where Mr. DiBiase had applied for a fee waiver for court transcripts and a G.A.L.
attorney because he is indigent and disabled. Mr. Mulready
was unable to assist Mr. DiBiase on that day because of work.
Mr. DiBiase being disabled with a hidden disability was unable to effectively present his case therefore he lost his case.
Mr. DiBiase believes that there was an abuse of discretion
regarding the denial of court transcripts by Danbury Judge
Axelrod. Mr. DiBiase intends to appeal both denials. The denial for court transcripts at Danbury Superior court and the denial
of a court appointed attorney by the Meriden court.
The appointment of an G.A.L. attorney for an indigent-disabled
person and the granting of a fee waiver for an indigent-disabled person is a significant achievement for disadvantaged persons coming before Family Court and all other court.


Anonymous Anonymous said...

thousands of disabled persons have come before family court and denied both lawyers to represent them and fee waivers as well as transcripts therefore they cannot obtain justice from the court because they were poor and unable to defend themselves. Often the opposing party is well able to afford attorneys fees for the spouse, judges refuse to award such fees and the oppossing party looses their children, house and ability to survive.

Thursday, November 08, 2007 1:47:00 PM  

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