A state program providing attorneys for poor families who have lost custody of their children is hampered by perceptions of collusion with judges and is in need of new oversight, Arkansas Supreme Court Justice Rhonda Wood told lawmakers Tuesday.
Absent legislation separating the Parent Counsel Program from the Juvenile Division of the Courts, Wood said, the Supreme Court will examine whether it has the authority to appoint an independent committee to supervise the program. The Juvenile Division is under the Administrative Office of the Courts.
Wood's comments came at a joint meeting of the state House and Senate Judiciary Committees, where she presented a report on the program by the high court's Commission on Children, Youth and Families.
The Parent Counsel Program hires attorneys on a contract basis to provide legal representation to indigent families in dependency and neglect cases. The Attorney Ad Litem Program, which hires attorneys to represent the children removed from their parents' custody in those cases, is also under the umbrella of the Juvenile Division.
"The basic gist of the conflict is that people believe the juvenile judges have a direct link to the attorneys that are with the families in the field," Parent Counsel Program Director Brian Welch said.
The program works with 63 field attorneys who are hired on a part-time contract basis. Their most recent caseload totaled 2,665 families, the report said.
Woods did not point to a specific allegation of collusion between opposing attorneys or judges, instead arguing that the administrative hierarchy presented a problem of perception.
"I think the perception is not accurate but it happens to be a perception so I think we need to address the consequences," Wood said.
Wood suggested appointing an independent seven-member committee to oversee the program, including the hiring of contract attorneys, before the next legislative session, which begins in January.
To avoid an appropriation, Wood said the committee members would serve as volunteers.
"Our goal is not to wait for legislation but to begin this immediately," Wood said.
The committees did not take any action after hearing testimony from Woods, Welch and Gregg Parrish, executive director of the Public Defender Commission. Parrish also supported the plan.
Afterward, Sen. Jeremy Hutchinson, R-Benton, said he supported the creation of an independent committee to oversee the program if it is determined that the Supreme Court has the jurisdiction to do so. He added that he would like to see legislation in the next legislative session that would create a permanent committee with members appointed by the judiciary, Legislature and governor.
Hutchinson, chairman of the Senate Judiciary Committee, was also a member of the Supreme Court commission that released the report on the Parent Counsel Program.
Metro on 08/03/2016