The federal legal services program in Louisiana has a lengthy record
of filing lawsuits on behalf of individuals who do not deserve taxpayer-funded
legal aid. In particular, legal services lawyers expend significant resources
arguing for the right of abusive parents to retain custody of children
whose health and even lives they have previously threatened.
Defends Woman Who Beat Children in Custody Case
In 1997, Northwest Louisiana Legal Services argued for preserving a
woman’s parental rights to her children despite clear evidence she had
physically abused them. The case began in 1991 when the state Department
of Social Services assumed temporary custody of a seven-year old boy and
three-year old girl after social workers discovered they had been severely
beaten by their mother. Hospital examinations indicated that both children
had suffered extensive whiplash injuries and one had even been burned.
To give her an opportunity to correct her abusive behavior and regain custody,
the woman -- who had an IQ of 60 -- was provided parenting classes, individual
counseling and monthly visits with the children. After nearly two years
of unsuccessful therapy, the state filed for permanent termination of her
parental rights. Doctors and social workers testified that the mother persisted
in denying responsibility for the beatings and often failed to visit her
children in foster care. However, legal services claimed that terminating
parental rights was improper because the state shouldn’t have based its
decision on the mothers “unfitness.” They argued that the state didn’t
take into proper account her “behavior disorder.”
See State of Louisiana v. K.T., La. App. 2nd Cir., 1997
Supports Custody Claim of Mother Involved in Sexual Abuse of Child
In 1996, Northwest Louisiana Legal Services argued for the right of
a Shreveport woman to keep custody of her little girl although she had
allowed the father to sexually abuse her. The case began in 1994 when relatives
the 4-year old was staying with in Florida saw evidence that the girl was
being sexually abused. After an investigation by Florida social services,
it was discovered that the father, Ricky Womack, had repeatedly engaged
in sexual intercourse with the girl. Furthermore, the mother, Melinda Womack,
knew about the incidents and apparently condoned the behavior. The
girl once stated that “Mama thought it was funny when Daddy was messing
with me.” A Louisiana juvenile court corroborated the allegations and
authorities took custody of the child. Legal services lawyers filed a custody
suit on Melinda’s behalf claiming that the court erred in determining that
the girl was being abused. A state court rejected legal services’ arguments
as “meritless.” The court noted that even after authorities informed
Womack that her daughter was probably being abused by her husband and that
she should not take her home, she still allowed the girl to return.
See CW v. Womack, La. App. 2nd Circuit, 1996
Defends Unfit Parents in Custody Case
In 1995, Northwest Louisiana Legal Services tried to stop the state
from terminating a couple’s parental rights despite neglecting their child
and making threats on the life of social workers. Soon after the Shreveport
couple had a child in 1989, they voluntarily gave him up to some acquaintances.
The infant, malnourished and covered with insect bites, was transferred
to the custody of the Department of Social Services. To help the couple
reclaim custody, the DSS enrolled them in a program to learn proper parenting
skills. However, the couple proved incapable of caring for the boy. When
allowed to live with his parents, the child was frequently poorly clothed,
sickly and exposed to dangerous conditions in a filthy household. After
the child was transferred to foster care, neither the mother or father
bothered to visit him on a regular basis. When the social workers tried
to get the couple to make a serious attempt to reform their behavior, they
angrily and often violently objected. On one occasion, both the mother
and father threatened to kill their case worker. However, legal services
filed suit opposing termination of parental rights claiming that the state
didn’t do enough to reunite the family. As evidence, they cited the fact
that DSS didn’t assign a new case worker after the parents threatened to
kill their first one. A state appeals court rejected the argument as “completely
meritless” and terminated custody.
See State of Louisiana v. DMH, La. App. 2nd Cir., 1995
Judge Scolds Legal Services Lawyers for Padding Bill
In 1995, a federal judge strongly condemned two lawyers with Kisatchie
Legal Services for grossly inflating their attorneys' fees for work done
on a minor disability claims case. After winning a decision awarding
their client Social Security benefits, Kisatchie attorneys Gladney and
Coco submitted a request for attorneys’ fees totaling $8805: $4230 for
Gladney and $4575 for Coco. The requested fees gave great offense.
Warning that lawyers should not “tell lies to a judge,” U.S. District
Court Judge F.A. Little lambasted Coco and Gladney for padding their legal
bill with duplicative or virtually non-existent work. In particular, Judge
Little why wondered why the lawyers needed a full half hour to read five
and seven line documents or four hours to review briefs of only a dozen
lines. Little was also struck by the fact that one lawyer said he spent
24 minutes on a simple motion while the other said he spent four hours
on the same task days earlier. Angered by their "lack of professionalism,”
Little reduced the fee award by more than half to $3000. Little also said
he would consider "the imposition of sanctions” for legal services unethical
behavior.
See Green v. Shalala, 888 F. Supp. 62, US Dist. Ct., 1995