Judges in Maine are making Medical decisions

We are told that Judge Andre Janelle ordered a party into therapy, and on the first visit with the therapist, the client/ patient was asked what was the reason for seeking therapy.

The client reported saying that he/ she "was upset and disappointed with society". The therapist indicated that would not do, as it had to be a technical reason – such as depression or the sessions would not be paid for. The client stated that he/ she was glad to be divorcing, and not depressed, but the therapist continued to press the “depression” issue. The therapist had a struggle in trying to come up with a diagnostic category for this court ordered therapy. Finally the client told the therapist to put down whatever he/ she wanted. The client was never interviewed or counseled by the therapist for this diagnosis. There was no reason for the therapy other than Judge Janelle ordered it to be done. There was no depression experienced by the client/ patient. The “reason” was being fabricated for billing and court purposes, so a state (taxpayer - funded) agency would pay. It would also label the patient for the record as being depressed and this could be used in future court appearances against the patient/ client.

When Judge Andre Janelle forced this parent into “junk therapy” based on a Guardian ad litem “junk science” recommendation did he consider any of the following questions before forcing therapy:

1. Is the therapy really necessary?
2. Is there an accepted diagnosis of a problem for which therapy is indicated?
3. Is the treatment a valid, recognized form of treatment?
4. Is it approved of by professional societies?
5. In the end is it really effective therapy?
6. What us the aim of the Judge's prescription and can it be defined?
7. Will this therapy work on someone without a diagnosis?
8. Does this forced therapy have the potential of causing harm?
9. Is the treatment ethical? Or does it force treatment that humiliates with no definable therapeutic purpose?

Judge Andre Janelle probably also didn't consider some other very real issues like: Human Rights violations – where courts and their officers who are unqualified (both in training or background in diagnosis, counseling and or therapy) are forcing innocent people into unnecessary sessions. These therapies such as recommended by Judge Janelle appear to be methods of control and punishment and not of treating an actual problem. In this case as in many the judge forced the release of therapy records by the party. What ever good that may have come from the “therapy” was dissolved from that point on. The trust necessary for any form of therapy – which is founded on near absolute confidentiality – was broken with that request. Confidences are ended. No privacy = no therapy. Forcing the release of information to be shared with the opposing lawyers and their clients – can be damaging in unforeseen ways to not only the client but also those innocently mentioned in therapy. Will Judge Andre Janelle or the Guardian ad litem be held libel for possible damages? Will the lawyers, therapist or 3^rd party payers be held accountable? In the examples provided above – probably not as they either have immunity or deep pockets. It will come down to the person with the most to loose that will risk the cost of liability. This poses some interesting legal questions and issues.

The question that should be asked is why insurance companies and government health agencies – who are paying for this – are accepting this sham of forced therapy being prescribed by the likes of Judge Janelle? Do they realize what they are paying for? These Judicial/ Guardian ad litem prescriptions are frequently 'pro forma', and executed with little thought and no diagnosis but as a means of “Judicial Outsourcing” - about saving time for the judge in court that effecting any helping change in patients/ clients.

All third party payers - government (tax payer funded) or private - should have an interest in this set of issues; especially, if they are made aware of it. The money spent by these organizations is being wasted because of a Judicial recommendation that often has little or no bearing on a court case. Or is abused as a means of controlling a situation. The professional organizations, like the American Psychiatric Association have long had an interest, and have written volumes on the issues of confidentiality, informed consent, human rights - and the plethora of legal and ethical issues associated with these questions.

If you are or have been in a situation where the Guardian ad litem or the courts have ordered court sanctioned therapy please contact MeGALalert@gmail.com or like them on Facebook for up to date information on reform within the Judicial system and how you can help bring about change.

Fifth Amendment Rights are being Violated by Maine's Judges

“Nor shall be compelled in any criminal case be a witness against himself” These are one of the the lofty, important human rights guaranteed to all US citizens by our world famous Constitution. Yet in state after state these 5th Amendment citizen rights are being violated by family courts, the very institutions that are supposed to protect those rights. This has been going on unnoticed by many for some time and has almost become accepted as a regular way of doing business by the courts, Judges, lawyers, officers of the courts and uninformed consumers.

What Judges are condoning- whether directly or indirectly- are asking one or both people involved in a custody to sign over their rights to privacy in confidential, privileged transactions, without explaining how this confidential information will be used- for or against the party. In the example provided below, the judge has ordered the defendant to provide proof of not only the attendance of counseling, but to allow the counselor to speak with the Plaintiff on the Defendants progress.

Why is this a violation of the defendants 5th Amendment rights? There may be those who will say that the defendant has a choice. He/ she does not have to agree to follow the judge’s order. And this, in theory, would be true. In this case, however, the defendant was faced with the following:

1. He/ She was threatened with contempt of court and jail if he/ she did not comply

2. He/ She could agree with the release of information to his/ her ex and the courts without knowing how his therapy records might be used by the opposing attorney and the alienated spouse: in his favor, or against him, to argue that he/she was an unfit parent, should not have time with his/her child. He is being asked to risk testifying against himself, if his therapy records are released. Self-incrimination versus contempt of court and jail. Tough choices!

Although both choices are horrible and personally damaging, What would you do? In going to jail there is the potential of losing one’s job, having a jail record and the loss of income during jail time. These are all tangible concerns and fears. We know what the potential consequences are in going to jail.

On the other hand by agreeing to the release of information by the defendant there is no way of knowing in advance how that information is going to be used. It is impossible to give his/her “informed consent”, because it is impossible to know every possible or likely outcome of this action, and how it may affect your case. There is also no way to know that the information gained by the plaintiff and court will not be used as part of an attack by the plaintiff against the defendant. This is seen by many people as a sneaky, indirect way to get the defendant to testify against him/ herself. It is a violation of the defendants 5th Amendment rights, and it is all too frequently used by Judges that preside over family courts in custody disputes. It is also one of the many examples of how the Judicial process in family cases has corrupted itself. This process is in danger of becoming very ingrained in the system and it violates the constitutional 5th Amendment rights - to say nothing of common law principles about forcing consent.

The courts in the state are showing a lack of respect for the privileged, confidential information that is conveyed between the therapist and patient as an absolutely necessary part of therapy. In this case (as well as many others that we are aware of) under the threat of contempt of court, the defendant buckled and was forced into making a “release of information” decision that had ramifications that the Judge, plaintiff and most of all defendant had no way of knowing how it would play out. The Judge was in effect telling the defendant that he/ she would have to potentially testify against him/ her self – thus violating their rights under the constitution. The judge also unwittingly destroyed therapy by destroying the confidentiality necessary to make therapy work!

Please note - that this topic is not party specific. It affects people on both sides of the aisle and is very damaging. There currently is a movement in Maine that is trying to tackle Guardian ad litem reform that has gained National and International attention. The idea of fifth amendment rights that are being violated stem from this movement. For more information on Guardian ad litem reform we encourage you to visit: MeGALalert.