Superior Court of Arizona in Maricopa County Summer 2001 Edition

FOCUSA Look at the

Maricopa CountyJuvenile Court

FOCUS is now online at:www.superiorcourt.maricopa.gov

Continued on page 4

Changing of the guard

Previous Juvenile Court Presiding Judge Maurice Portley (Left) recently gave way to new Presiding Judge LindaScott as a result of judicial rotations. Judge Portley moved to the Family Court Department in downtown Phoenix.

Q&AFOCUSJudge Maurice Portley,

known as much for his col-lection of toys and hats asmuch for his dedication to thechildren of Maricopa County,recently moved to the FamilyCourt Department ofSuperior Court.

P residing Juvenile CourtJudge Linda Scott, who

has spent the majority of hertime as a judge on the JuvenileCourt in Maricopa Countybench, said she hopes to con-tinue the work of herpredecessor.

Continued on page 2 Continued on page 4

What advice do you havefor your successor?

If asked, I would quietlywhisper five things that she al-ready knows. First, be yourself;let everyone see your greatsense of humor.

Second, nurture and cel-ebrate the people in the Juve-nile Court family - judicial of-ficers, detention and probation

staff, administration staff, themyriad volunteers: CommunityJustice panels, Community Ad-visory Board, Court AppointedSpecial Advocates, Foster CareReview Board and others.Daily, they do the heavy lifting,have great ideas and make im-mediate, and sometimes last-ing, impressions on children,

How long have you beenat Juvenile Court?

June 1986 to June 1995;October 1998 to present

What are your worst andbest experiences on the Juve-nile Court bench?

Best and worst was han-dling the case of Kathryn

Confidential Intermedi-ary, Shirley Pusey has heardit all – Anger, jubilation, sad-ness, silence, denial – help-ing adoptees find their birthparents.

Pusey says she neverknows how someone will re-act to being awakened to thedecades-old memory of giv-ing a child up for adoption.

“Many birth mothersdon’t respond positively to thefirst call, but some say ‘I havebeen waiting for this call for35 years,’” Pusey said. “Of-ten they are so overwhelmed.We’re aware that we are drop-ping a bomb on them and thatthey really need time to catchtheir breath.”

Pusey is one of 55 certi-fied and trained ConfidentialIntermediaries available fora fee throughout the state toassist adoptees, adoptors andbirth parents find informationabout each other. Availableonly for parties of Arizonaadoptions, the ConfidentialIntermediary Program (CIP)gives Confidential Interme-diaries (CIs) the authority tosearch through closed adop-tion files and other recordsthat may provide an insightinto locating a birth parentor an adopted child.

Susan Luebke, Admin-istrative Office of the CourtCIP Coordinator, said suc-cessful results can vary froma reunion between the adop-

Adoption pastsawakened bycourt program

2

Rotations mean more change to bench

Judge Pamela J. Franks, formerly the associate Presiding Juvenile Courtjudge, and former Presiding Juvenile Court Judge Maurice Portley react to apresentation made at a luncheon honoring their service at Juvenile Court.Both recently rotated off the Juvenile Court bench.

Two longtime leaders on theJuvenile Court bench are apply-ing their leadership experienceto different court departmentsas a result of the annual Supe-rior Court judicial rotations.

The immediate past Juve-nile Court Presiding JudgeMaurice Portley and AssociatePresiding Judge Pamela J.Franks moved to the downtownPhoenix court facility to takethe bench in the Family Courtand Criminal departments re-spectively.

Both judges have a com-bined 11 years of experience onthe Juvenile Court bench.

Judge Linda Scott, a Juve-nile Court judge for 11 of her17 years on the bench, is thenew Juvenile Presiding Judge.

Judge Janet Barton assumesthe Associate Presiding Judgeduties in place of Judge Franks.

The most recent rotationsalso meant a move for Crimi-nal Department Judge David R.Cole, who rotated to the South-east Juvenile Court Facility in

Mesa from the downtown fa-cility.

Judge Cole was appointeda judge in February 1989.Since his appointment JudgeCole has served in the Crimi-nal, Civil and Family Courtdepartments. In addition to hismost recent assignment in theCriminal Division, Judge Colepresided over DUI Court.

The annual rotationsstarted in March with Judge

Alan Kamin rotating to theDurango Facility for JudgeEileen Willett, who went to theCriminal Department at thedowntown facility. More rota-tions will continue throughoutthe summer. Judge Rebecca

Judge David R. Cole

families and the community.Third, continue to keep the

community engaged in helpingchildren and families. Schools,law enforcement, advocacy or-ganizations, municipal parkand recreation programs, faithcommunities and others aregreat resources that, with coop-eration and collaboration, canhelp families help their childrenwell before a child is removedor a child is arrested.

Fourth, continue to findways to improve the child wel-fare system and juvenile justicesystem. Our partners, collabo-rators, providers, legislators andothers may have some wonder-ful ideas to help the Court, andcommunity, increase its suc-cesses.

Finally, have fun. It’s a greatjob with great opportunities,whether talking with service

Judge Maurice Portley, From Page 1

groups, pitching programs orgetting media representativesto understand that childrenaren’t little adults.

Is there a philosophythat has guided you duringyour time at Juvenile Court?

Yes. I had three goals.First, I wanted to raise the

consciousness that the JuvenileCourt was involved in the livesof children in the child welfaresystem; it handles much morethan juvenile delinquencycases. Second, I wanted thecommunity to understand thatthe Juvenile Court was part ofthe community and its con-tinuum of care for children andfamilies. The Court should notbe the first resource for help-ing children and families. How-ever, it should, and must, par-ticipate with the communityand be a community resource.

Finally, the Juvenile Courthad to educate the communityabout its mission, and dispelmyths or misperceptions. Forexample, it was important forthe community to learn that 90percent of the children inMaricopa County are wonder-ful and don’t get into trouble;approximately 10 percent of thechildren have police contact;and 75 percent to 80 percentof those children who get a con-sequence do not recidivate. Thecommunity, in spite of Colum-bine and the other schoolshootings, had to know thatjuvenile crime, especially vio-lent crime was down and therewere no “super predators” onthe horizon, in spite of themedia coverage.

What are your worst andbest experiences on the Juve-nile Court bench?

I have a host of wonderfulmemories. The absolute bestexperience was my epiphanythat I loved the Juvenile Court;that it wasn’t a job but an avo-cation; and had limitless possi-bilities to help children, fami-lies and the community in spiteof funding or treatment limita-tions.

My most difficult experi-ence, outside of leaving the Ju-venile Court, was reading theArizona Republic in August1999 with the erroneous andmisguided headline — “CourtOrders Abortion” — I knew itwasn’t going to be a good day.

What will you miss mostabout Juvenile Court?

Everyone that I have comeinto contact with - probation,detention, lawyers, volunteers,

Continued on page 5

Albrecht is slated to rotate whenGovernor Jane Hull appointsnew judges. Until more judgesare appointed, Civil JudgeKenneth Fields will presideover Juvenile Court cases fourtimes a week.

3

Volunteer advocates honored, rewarded

Clockwise from top left: KPNX Channel 12 news anchor Kent Dana was the keynotespeaker the recent 5th Annual Court Appointed Special Advocate Volunteer RecognitionLuncheon; Bill Stanton (left), CASA Division Director of Dependent Children Services,presented former Juvenile Court Presiding Judge Maurice Portley with CASA’s Light ofHope Award; CASA James Lee, who was named the CASA of the Year, stands in front ofCASA coordinators Mark Koch and Bonnie Marcus; Superior Court Presiding JudgeColin F. Campbell presented former Juvenile Court Associate Presiding Judge Pamela J.Franks with the CASA Judge of the Year award; Former CASA Program ManagerNancy Molever was presented with a Special Appreciation award for her work withCASA by CASA Jackie Flowers, who was also recognized for work as a CASA mentor.

Award theme: ‘Giving the Light of Hope to a Child’

Honorees of the 5th AnnualMaricopa County CASA

Volunteer Recognition LuncheonLight of Hope Award .................Judge Maurice Portley

Former Juvenile Court Presiding JudgeJudge of the Year .................................Pamela J. Franks

Former Juvenile Court Associate Presiding JudgeVolunteer of the Year .................................... James LeeRookies of the Year .................................Greg Broberg

Marilyn PriebeCASA Project Pioneer .......................... Laura LobraicoSpecial Appreciation ............................ Nancy Molever

Former CASA Program Manager

Arizona Council for CASAAngela Ashley

Community Support AwardsYoung Artsof Arizona

Judith G. Wolf, Ph.DViki Reed

Derrick PlattJuvenile Detention Supervisor

Kappa Alpha ThetaSarah Fedirka

Speakers Bureau Recognition ................ Greg BorbergPeiggi Clements Nicole EkbergPam Frye Gwen LovingAnne Murphy Marshall PorterMarilyn Priebe Mary Ann Stanton

Mentor Recognition ...............................Angela AshleyBeverly Burch Jackie FlowersDana Gilroy Lynda Pederson

Linda Warfield

Excellence in helping some of the county’s mostneedy children was the focus of the 5th annualMaricopa County Court Appointed Special Advo-cate Volunteer Recognition Luncheon.

More than 20 CASA advocates, mentors andstaff members were honored during the annual cer-emony. CASA James Lee was honored as the Volun-teer of the Year for his work with some of the mostchallenging Juvenile Court Dependency cases.

“This is the best job I have ever had,” Lee said.“It gives me the ability, authority and the freedom todo what’s best for the child.”

Superior Court Judges Maurice Portley andPamela J. Franks were also honored.

4

Confidential Intermediary Program, From Page 1

tive parties or simply an ex-change of non-identifying infor-mation such as a medical his-tory or hobbies and interests.The program has helped peoplefind missing links in their livesin more than half of the casesthat have been taken on by theprogram in the eight years sinceit was created by the Legislature.

To begin the search, CIs arerequired to first check the closedcourt file for an affidavit request-ing no future contact with anyof the adoptive parties. Pusey, aCI since 1993, said in additionto the court file, she looksthrough county and staterecords, the phone book and theInternet. Hillary Kaminsky, a CIsince 1993, said she sometimesfiles a motion with the Court tosee the birth mother’s birth cer-tificate, which can provide a va-riety of resources, includingwhere the mother was born, andthe place she lived when she wasborn.

The diligence of the searchgives way to tact and sensitivityonce the searchee is found. Bylaw CIs are not allowed to pres-sure anybody to reveal their rolein the adoption process. A CIcannot disclose any informationuntil the person being soughtgives consent to do so. Pusey saidonce she finds who she is look-

ing for, she asks them not tomake a decision right away andto consider the implications ofany decision they make. Shesaid in her experience birthmothers will take between ahalf-hour and a year to maketheir decision. Luebke saidmany of the more than 330cases currently open in the CIPprogram are left open pendinga final decision.

“When it is an emotionalmatter like this, it can taketime,” Luebke said.

On one of Pusey’s cases, abirth mother initially said shedid not want to exchange anyinformation. Married, with col-lege aged children, the womanwas hesitant because no one ex-cept her husband knew of theadoption, including her chil-dren, sisters and her mother,Pusey said. With her husband’ssupport, the woman startedslowly by exchanging photo-graphs with her son on a firstname basis only. Eventually thetwo met in person and now con-tinue to forge a relationship.

“Her husband told me sheis a totally different person; thatbefore she was inhibited and slowto laugh,” Pusey said. “Now it islike a weight has been lifted fromher shoulders. She said ‘You toldme I would probably find this

very healing and it has been. Ifeel so happy about the life he’shad and the decision I made.’ Itwas like a hunk of lead she hadcarried since the adoption.”

By law, CIs can charge upto $50 an hour plus expenses fortheir services, but some, like

Kaminsky, will only charge forexpenses. According to the pro-gram statistics, the average costof the searches is about $240 forfees and expenses.

“I don’t believe peopleshould have to pay for their heri-tage,” Kaminsky, a former adop-tion social worker and CI since1993, said. “This program is nota money maker for anyone, Themajority of the costs incurred bya client are for actual expenses— court fees, agency file reviewfees, document fees, databasecosts, long distance phone callsetc. I usually walk away with $25-$50 max, sometimes less.”

Luebke said the processstarts with a request to the CIPoffice. If the person requestingthe service meets the require-ments of the program, the per-son than chooses from a list ofcertified CIs, and the search be-gins. The adoptee can begin thesearch if he or she is over 21years of age. A birth parent cansearch out the adoptee, but notuntil the adoptee is 21 or older.

For more information on theConfidential Intermediary Pro-gram, call 602.364.0387 or602.542.9580. Outside ofMaricopa County, call1.800.732.8193. The Text Tele-phone (TT) number for the hear-ing impaired is 602.542.9545.

Tomassoni who, along with hersister, shot and killed her adop-tive mother while she wassleeping.

It was a delinquency casethat I opened to the public be-fore the law was changed mak-ing delinquencies open to thepublic. It was of great interestto the public because of theabuse the girls suffered at thehands of their mother. It wasdifficult because the defensewas battered child syndromewhich required the defenseattorney to document the hor-rible abuse the girls experi-enced. It was a rewarding ex-

Judge Linda Scott, From Page 1

perience because the public wasallowed to experience a delin-quency proceeding from startto finish and become moreaware of the juvenile court andthe way juvenile cases arehandled.

Unfortunately, the juvenilesystem was not able to helpKathyrn and she eventually wasconvicted in the adult systemof a criminal offense and sentto prison.

Is there any philosophyor guidelines you use in ev-erything you do at JuvenileCourt

The fundamental principle

I try to follow is to always con-sider and act to protect the bestinterest of the child while re-specting the rights of parents,victims and the State.

What issues will be at theforefront of the JuvenileCourt System?

The need to provide ageappropriate services to juve-niles who are convicted asadults; the continuing over-rep-resentation of minority youthin the juvenile court, both asdependents and delinquents;inadequate mental health ser-vices; truancy; and the criticalneed to keep our kids in

school.What do you consider to

be most challenging in yourrole as a judge in JuvenileCourt

Balancing the interests ofthe children, parents, the State,victims.

What challenges if anydo you anticipate you willface as the Presiding Judge ofJuvenile Court?

Helping guide the JuvenileCourt forward to effectively ad-dress the needs of our youthand families.

Continued on page 5

Confidential IntermediaryProgram Statistics

detacoLytraP rebmuN tnecreP

egnahcxeottnesnoCgniyfitnedinoitamrofni

676 0.35

desaecedytraP 19 0.7

egnahcxeottnesnoCgniyfitnedi-non

noitamrofni85 0.5

egnahcxeottnesnoCdeinednoitamrofni

901 0.9

pihsnoitalerlatneraPdeined

32 0.2

sesacdesolC rebmuN tnecreP

detacoltonytraP 901 0.9

roferusolcmargorPevitartsinimdA

snosaer211 0.9

lawardhtiwtneilC 36 0.5

anozirAoNdrocernonoitpoda

43 0.3

desolcsesaclatoT3991yluJecnis

5031

Source: CIP statistics as of May 2001

5

CPS case managers, educators,and law enforcement - are dedi-cated professionals trying tomake a difference.

Their hard work, dedica-tion and grasp of the impor-tance of helping children andfamilies is awesome. They makethe Juvenile Court the wonder-ful community institutionthat it is.

How are you going to useyour collection of hats, trainsand toys?

They’ll be packed awayuntil needed.

What would you considerthe most rewarding aspect ofbeing the Presiding JuvenileCourt Judge?

Watching everyone workhard to make a difference inthe lives of children and fami-lies, and seeing their successes– children in permanent homes,children graduating and beingreleased from probation and alltheir other successes.

What affect has JuvenileCourt had on you as a par-ent?

It has made me more con-scious of being active in all as-pects of the lives of my chil-dren. Parenting is the hardestjob that an adult will ever love,and it’s ever changing. Our chil-dren, and each of them, are dif-

ferent as newborns, toddlers,young school children, adoles-cents and teens. We, as parentsand as we grow older, are dif-ferent every year, and have togrow as a family so we can bethere for them - to teach them,to keep them safe, to get themready for adulthood. We haveto love our children when theyare perfect; when they’re justkids; or when they need redi-rection.

What issues are at theforefront of the JuvenileCourt?

• Implementing the JKSettlement principles, while ad-dressing the mental healthneeds of children and familiesin the child welfare and juve-nile justice system.

• Incorrigible children -how to effectively work withchildren and families to makea difference and keep them outof the delinquency system.

• Growing resources tohelp children and families withsubstance abuse problems.

• Discussing whether con-fidentiality of child welfarecases should be modified, likethe juvenile justice system, andimplementing any change.

• Examining whether thereshould be jury trials for parentsin dependency or termination

trials, determining the costs forsuch trials, including additionaljudicial resources.

• Working to ensure thatchildren in-group homes get theresources and treatment neededas they prepare to move intoadulthood.

• Working with other com-munity partners to ensure thatthe child welfare and juvenilejustice systems work towardsreducing the over-representa-tion of minority children inthose systems.

• Working with tribal com-munities to wrestle with issuesaffecting Indian children.

What should always re-main free from change in theJuvenile Court system?

When the first JuvenileCourt was founded in 1899, itwas designed to help childrenand keep them out of jails andprisons for adults just becausethey were poor and destitute.Now, the Court has to findways, with the community, tohave prevention and early in-tervention programs, as well asdeal with the substance abuse,emotional and mental healthneeds of children and families.It’s not easy. It’s not inexpen-sive. But it’s necessary if wewant to help children, familiesand our community.

Judge Portley, from Page 2

How do you follow a Presid-ing Juvenile Court Judge likeMaurice Portley?

He has inspired us all byhis example to work hard to-ward the goal of protecting andnurturing our children.

I want to follow his leadand build on the foundationhe has established.

What affect has JuvenileCourt had on you as a judge?

It has shown me that somuch more can be accom-plished when all the interestedparties have the same goal—to help, protect and inspire achild.

Judge Linda Scott From Page 4

tion, a train set under yourdesk, or any toys and stuffedanimals?

No hats, no trains but I dohave a stuffed bear with a blackrobe and gavel named SandraDay O’Bear in honor of U.S.Justice Sandra Day O’Connor.

What don’t people know

What affect has JuvenileCourt had on you as a par-ent?

It has made me a betterparent, more patient and moreunderstanding.

Do you have any of thefollowing:

An eclectic hat collec-

Superior Court Admin-istrators announced in earlyJune that Carolyn HaynesEdlund is the next JuvenileCourt Administrator.

Edlund, effective July 2,assumed the position va-cated by former Administra-tor Caroline Lautt-Owens.

Prior to her appoint-ment, Edlund was Endow-ment Counsel for the BoyScouts of America inTempe.

Edlund has bachelor’s,master’s and law degreesfrom the University of Den-ver.

Edlunds has alsoworked as a private attorney,in civil, family and Juvenilelaw, a deputy district attor-ney, a law clerk and a litiga-tion manager for First DataCorporation/American Ex-press -- all in Denver, Colo.

Juvenile Court staff BillCallahan, Patrick Smockand Rachel Rogers sharedadministrative duties afterLautt-Owens’ departure tothe Administrative Officeof the Courts.

JUVENILE COURTNEWS BRIEFS

New administratorfor Juvenile Courtappointed

“In my teen years I was a member of anall girl rock band and I met my husband(of 32 years) at a battle of the bands. It’sa good thing I went to law school becauseI have no musical talent.”– Juvenile Court Presiding Judge Linda Scott

about you?In my teen years I was a

member of an all girl rockband and I met my husband(of 32 years) at a battle of thebands.

It’s a good thing I went tolaw school because I have nomusical talent.

Is there anything youwould like to add about tak-ing over as Presiding Judge?

I’m really excited about theopportunity Presiding JudgeColin Campbell has given meto continue to work with chil-dren, their families and ourcommunity.

Superior Court of ArizonaJuvenile Court1810 S. LewisMesa, Arizona85210-6234

Presiding Judge Linda ScottJudge Rebecca AlbrechtJudge Silvia ArellanoJudge David R. ColeJudge Dennis DairmanJudge Emmet RonanCommissioner Thomas Jacobs

JUVENILE COURT JUDICIAL OFFICERS

602.506.2610602.506.3727602.506.3649602.506.5808602.506.1855602.506.0438602.506.4203

602.506.5340602.506.2050602.506.6086602.506.3157602.506.3663602.506.3366602.506.3892

Southeast Court Center1810 South Lewis St.

Mesa, AZ 85210

Durango Court Center3125 West DurangoPhoenix, AZ 85009

Associate Presiding Judge Janet BartonJudge Thomas Dunevant IIIJudge Brian HauserJudge Alan KaminJudge William Sargeant IIICommissioner Robert ColosiCommissioner George Foster Jr.