If those who go into court can’t have confidence in its fairness and impartiality, equal justice under the law is just a slogan.
So it’s exasperating that delays have beset an investigation of the family courts in Sacramento and Marin counties, which face allegations of favoritism and conflicts of interest in child custody cases.
After trying since last summer, State Auditor Elaine Howle’s office is now threatening to issue subpoenas to get “full and unfettered” access to the records it says it needs to complete the inquiry ordered by the Legislature.
The Administrative Office of the Courts, which is representing the local courts in the matter, says it’s frustrated, too. It is haggling over which records are really needed for the investigation and is raising concerns about protecting confidential and sealed documents.
There are valid privacy concerns. But they should not trump safeguarding the integrity of the courts or the welfare of children.
As the Bee’s Cynthia Hubert reported last week, the allegations are extremely serious. Several child advocacy groups say that family court judges have become overly friendly with the mediators and investigators they appoint to help them unravel custody disputes. Based on the findings of these attorneys, psychologists and others, judges are putting children in danger by returning them to parents with histories or accusations of abuse, the groups say.
Those claims should raise alarms for anyone who cares about the courts. The audit, among other things, would review how the appointees are selected and paid and how they are evaluated and disciplined. If the records were released this week, the auditor’s office hopes to issue a report in June or July.
There seems to be room for compromise here, and it shouldn’t take forever to work out the details. Spokespersons for both the auditor and courts offices said Monday that they’re intent on finding that common ground. They need to get cracking; this inquiry has been delayed too long already.