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Polygamists: Authorities Prepare For the Worst in Texas

 
 
dyslexia
 
  1  
Reply Thu 29 May, 2008 04:25 pm
Quote:
Such extraordinary incompetence at DPS must be responded to with dismissals at the very top, and such disdain for the principles of civil liberties, the rule of law, and due process from the governor must be met with political death.
Such extraordinary crap; DPS acted solely and only with a order from a Judge. DPS does not and cannot act outside the laws of the state of texas as enacted by their state legislature.
0 Replies
 
Thomas
 
  1  
Reply Thu 29 May, 2008 04:33 pm
dyslexia wrote:
Quote:
Such extraordinary incompetence at DPS must be responded to with dismissals at the very top, and such disdain for the principles of civil liberties, the rule of law, and due process from the governor must be met with political death.

Such extraordinary crap; DPS acted solely and only with a order from a Judge. DPS does not and cannot act outside the laws of the state of texas as enacted by their state legislature.

Sorry Dys. But in this particular case, hawkeye is right and you are wrong. The Texas Supreme Court states the opposite in the very first paragraph of its opinion:

The Texas Supreme Court wrote:
Concerned that the community had a culture of polygamy and of directing girls younger than eighteen to enter spiritual unions with older men and have children, the Department took possession of all 468 children at the Ranch without a court order

Source: Fishin's link
0 Replies
 
hawkeye10
 
  1  
Reply Thu 29 May, 2008 04:35 pm
dyslexia wrote:
Quote:
Such extraordinary incompetence at DPS must be responded to with dismissals at the very top, and such disdain for the principles of civil liberties, the rule of law, and due process from the governor must be met with political death.
Such extraordinary crap; DPS acted solely and only with a order from a Judge. DPS does not and cannot act outside the laws of the state of texas as enacted by their state legislature.


You are not paying attention. CPS with the sign-off of one overly emotional female judge acted illegally, in violation of the laws that the state has written. CPS was wrong for wanting to take an illegal action, the judge was wrong for allowing them to do it. It goes with out saying that a judge who gets it as wrong as this woman did, and thus allowed so many people to get hurt through her incompetence, should have her career ended as well. Civil servants must pay a price for violating the laws the peoples representatives have written, for hurting citizens through their bad acts.
0 Replies
 
dyslexia
 
  1  
Reply Thu 29 May, 2008 04:35 pm
Thomas wrote:
dyslexia wrote:
Quote:
Such extraordinary incompetence at DPS must be responded to with dismissals at the very top, and such disdain for the principles of civil liberties, the rule of law, and due process from the governor must be met with political death.

Such extraordinary crap; DPS acted solely and only with a order from a Judge. DPS does not and cannot act outside the laws of the state of texas as enacted by their state legislature.

Sorry Dys. But in this particular case, hawkeye is right and you are wrong. The Texas Supreme Court states the opposite in the very first paragraph of its opinion:

The Texas Supreme Court wrote:
Concerned that the community had a culture of polygamy and of directing girls younger than eighteen to enter spiritual unions with older men and have children, the Department took possession of all 468 children at the Ranch without a court order

Source: Fishin's link
The point is a Judge gave the order allowing protective services to take temporary custody of the children, this was NOT an independent decision of Childrens Protective Services.
0 Replies
 
dyslexia
 
  1  
Reply Thu 29 May, 2008 04:42 pm
§ 83.001. REQUIREMENTS FOR TEMPORARY EX PARTE ORDER.
(a) If the court finds from the information contained in an
application for a protective order that there is a clear and present
danger of family violence, the court, without further notice to the
individual alleged to have committed family violence and without a
hearing, may enter a temporary ex parte order for the protection of
the applicant or any other member of the family or household of the
applicant.
0 Replies
 
hawkeye10
 
  1  
Reply Thu 29 May, 2008 04:46 pm
dyslexia wrote:
The point is a Judge gave the order allowing protective services to take temporary custody of the children, this was NOT an independent decision of Childrens Protective Services.


CPS is the expert on child protection law, it is their job to know the statutes and the intent of the legislature better than everyone else. The judge should have known that the CPS "experts" were full of crap, but keep in mind we are dealing with a county judge, a backward thinly populated out in the middle of nowhere county at that. The guys and gals on these county benches are not the best and the brightest legal minds.
0 Replies
 
hawkeye10
 
  1  
Reply Thu 29 May, 2008 04:50 pm
dyslexia wrote:
§ 83.001. REQUIREMENTS FOR TEMPORARY EX PARTE ORDER.
(a) If the court finds from the information contained in an
application for a protective order that there is a clear and present
danger of family violence, the court, without further notice to the
individual alleged to have committed family violence and without a
hearing, may enter a temporary ex parte order for the protection of
the applicant or any other member of the family or household of the
applicant.


You are amazing...two superior courts have ruled that the original judge got the law wrong....and you still claim that the law was followed. CAre to explain why you are more of an expert on Texas law than the appellate and state supreme courts are??
0 Replies
 
hamburger
 
  1  
Reply Thu 29 May, 2008 05:04 pm
1)
dys wrote :

Quote:
Such extraordinary crap; DPS acted solely and only with a order from a Judge. DPS does not and cannot act outside the laws of the state of texas as enacted by their state legislature.


i don't know the laws of texas in any detail , but would still endorse dys' comment.

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2)
thomas wrote :

Quote:
That's because theologically liberal Christians, men or women, have stopped being Christians long ago. They're just in denial about it, falsely believing that a Christian is a desirable thing to be. But hawkeye is right: if you accept the Bible as the standard of what's Christian, Christians clearly have to be anti-emancipation. You'd also have to be pro-slavery too. Not to mention creationist.

I really do think hawkeye is closer to the truth than you are, hamburger. But keep in mind I'm an atheist -- so when I say that someone isn't a Christian, or has ceased to be one, I usually mean that as a compliment.


i'm neither a christian nor an atheist , so i leave the interpretation of the bible to my christian friends .

i anyone cares to know how i see myself , this might be an appropriate description :

http://img228.imageshack.us/img228/7032/nobodytk1.jpg

------------------------------------------------------------------------------------

3)

ebrown wrote :

Quote:
I can speak to this one from experience... when I was religious, my community (as many conservative Christian churches do) taught that women should submit to their husbands.

The thing is... the women in this community fully believed and taught this. All of them were there voluntarily (being adult women with all of the rights and legal protections of modern western society). Many of them were well-educated with professional jobs.

In our diverse free societies, there are a fair number of women who believe and choose to live this way. I know many people who live decent fulfilled lives.

Why do you think it is a good idea to deny women the ability to choose this lifestyle?


from what i have read and heard - and NOT just in this case - at least some of the now grown women were sent by their families to these "ranches" as underage girls .
they were therefore hardly able to judge what the world around them would be like .
were ALL of them able to make an INFORMED decision when they submitted to their husbands ?
some of the women who spoke up stated that they were NOT able to make FREE AND INFORMED decisions at that young an age .

(i've stated before that i have NO problem with informed adults deciding to live in whatever lifestyle they want - in case anyone choose to overlook those comments) .

claiming that ALL those women made free and informed decisions , comes close to claiming that the people of north-korea have chosen freely to live under their DEAR LEADER , since they are , of course , breathing and thinking human beings - just like you and i .

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4)
these are strictly MY OPINONS .
you may not agree with them - that's fine with me , since i don't agree with everyone else all the time either - that's part of life : differing opinions - we wouldn't all want to have the same opinion , would we ?
(read what emily dickinson said)
hbg
0 Replies
 
dyslexia
 
  1  
Reply Thu 29 May, 2008 05:06 pm
hawkeye10 wrote:
dyslexia wrote:
§ 83.001. REQUIREMENTS FOR TEMPORARY EX PARTE ORDER.
(a) If the court finds from the information contained in an
application for a protective order that there is a clear and present
danger of family violence, the court, without further notice to the
individual alleged to have committed family violence and without a
hearing, may enter a temporary ex parte order for the protection of
the applicant or any other member of the family or household of the
applicant.


You are amazing...two superior courts have ruled that the original judge got the law wrong....and you still claim that the law was followed. CAre to explain why you are more of an expert on Texas law than the appellate and state supreme courts are??
yes certainly I am amazing in that I can read, the fact that 2 superior courts ruled that the original judge got it wrong proves that the original judge got it wrong. I am not here to defend texas child protection services but you seem only intent in critiquing sans merit . BY TEXAS LAW child protective services did what they should have in that they got a court order for the custody of the children in question SIGNED by a judge (whether or not you approve of backwater judges).
0 Replies
 
hawkeye10
 
  1  
Reply Thu 29 May, 2008 05:15 pm
dyslexia wrote:
yes certainly I am amazing in that I can read, the fact that 2 superior courts ruled that the original judge got it wrong proves that the original judge got it wrong. I am not here to defend texas child protection services but you seem only intent in critiquing sans merit . BY TEXAS LAW child protective services did what they should have in that they got a court order for the custody of the children in question SIGNED by a judge (whether or not you approve of backwater judges).


Super, so when some crooked or incompetent cop finds some stupid judge to sign an arrest warrant for you then you the cop will not be at any fault......are you sure that you want to go there??? Do you know how little time judges spend looking into these things before they sign them? This judge was clearly guided that she needed to hold hearings on each case, but she could not be bothered to do that, she did not have the time. Most of these things get signed pro forma....you do know that right???
0 Replies
 
dyslexia
 
  1  
Reply Thu 29 May, 2008 05:20 pm
Quote:
Most of these things get signed pro forma....you do know that right???
bulllshit; btw CPS are not cops.
0 Replies
 
hawkeye10
 
  1  
Reply Thu 29 May, 2008 05:25 pm
dyslexia wrote:
Quote:
Most of these things get signed pro forma....you do know that right???
bulllshit; btw CPS are not cops.


CPS getting a judge to sign an order removing your kids (if you have any) and a cop getting a judge to sign your arrest warrant is pretty much the same process. If you are going to let CPS get away with misleading a judge on the law and on the validity of the action that they want to take then you must allow the police to do the same thing. They will. That is why you should be pissed when CPS gets away with violating the process as they did here.
0 Replies
 
dyslexia
 
  1  
Reply Thu 29 May, 2008 05:32 pm
hawkeye10 wrote:
dyslexia wrote:
Quote:
Most of these things get signed pro forma....you do know that right???
bulllshit; bad CPS are not cops.


CPS getting a judge to sign an order removing your kids (if you have any) and a cop getting a judge to sign your arrest warrant is pretty much the same process. If you are going to let CPS get away with misleading a judge on the law and on the validity of the action that they want to take then you must allow the police to do the same thing. They will, and that is why you should be pissed when CPS gets away with violating the process as they did.
your blatant ignorance is no excuse for your blatant ignorance; in the US (including texas) we are a society of laws; if you don't like the laws you should work to change them in the meantime both society at large as well as elected representatives have elected to enact child protection laws and procedures (again if you don't approve it is your issue to change them) (preferably for the better)
BTW, I spent 30 years in child protective services.
0 Replies
 
hamburger
 
  1  
Reply Thu 29 May, 2008 05:38 pm
dys wrote :

Quote:
I spent 30 years in child protective services.


i'll be staying up late to hear an explosion - somewhere - sometime . Shocked
hbg
0 Replies
 
hawkeye10
 
  1  
Reply Thu 29 May, 2008 05:39 pm
dyslexia wrote:

BTW, I spent 30 years in child protective services.


Then you should be first in line to condemn the actions of the Texas CPS, as they violated the law and they brought dishonor and disrespect upon all of those in the field who do act responsibly and do follow the law. All CPS workers are for a long while going to be associated with their incompetent colleagues who acted in Texas.
0 Replies
 
dyslexia
 
  1  
Reply Thu 29 May, 2008 05:51 pm
hawkeye10 wrote:
dyslexia wrote:

BTW, I spent 30 years in child protective services.


Then you should be first in line to condemn the actions of the Texas CPS, as they violated the law and they brought dishonor and disrespect upon all of those in the field who do act responsibly and do follow the law. All CPS workers are for a long while going to be associated with their incompetent colleagues who acted in Texas.
I find it difficult to condemn anyone without a solid basis of fact. Just what law did CPS violate?
The next time I read in the papers or see on CNN about the abused/beaten/dead child I will think of you.
Now, that being said, if you want to debate the issue of "anti-cultism' and the inherent bias demonstrated against them, that might make for an interesting conversation.
0 Replies
 
hawkeye10
 
  1  
Reply Thu 29 May, 2008 06:11 pm
dyslexia wrote:
hawkeye10 wrote:
dyslexia wrote:

BTW, I spent 30 years in child protective services.


Then you should be first in line to condemn the actions of the Texas CPS, as they violated the law and they brought dishonor and disrespect upon all of those in the field who do act responsibly and do follow the law. All CPS workers are for a long while going to be associated with their incompetent colleagues who acted in Texas.
I find it difficult to condemn anyone without a solid basis of fact. Just what law did CPS violate?
The next time I read in the papers or see on CNN about the abused/beaten/dead child I will think of you.
Now, that being said, if you want to debate the issue of "anti-cultism' and the inherent bias demonstrated against them, that might make for an interesting conversation.


Court opinions are findings of fact. You don't need to understand the facts, the appellate court and Texas Supreme Court have already told you what the facts are, and why CPS was wrong. You have your head in the sand.

The law broken was the law that says that children can only be removed on emergency basis if an emergency exists. CPS claimed an emergency which did not exist, they removed the kids under false pretenses.
0 Replies
 
Thomas
 
  1  
Reply Thu 29 May, 2008 06:22 pm
dyslexia wrote:
The point is a Judge gave the order allowing protective services to take temporary custody of the children, this was NOT an independent decision of Childrens Protective Services.

Fair enough.
0 Replies
 
dyslexia
 
  1  
Reply Thu 29 May, 2008 07:41 pm
Just to keep confusion among those that are omniscient in condemning CPS, it ain't all clear even to the Supremes.

Quote:
In the Texas Supreme Court decision, the three dissenting justices said in an attached opinion that they agreed that the state had no right to remove the young boys from the ranch but that the district court did not err in electing to remove pubescent girls from the ranch and keep them in state custody.

The pubescent girls are "demonstrably endangered," Justice Harriet O'Neill wrote.
PLEASE NOTE "the district court did not err" rather than something like CPS did err. Damn, I hate it when CPS workers are not as knowledgeable as the Texas Supreme Court Judges.
0 Replies
 
hawkeye10
 
  1  
Reply Thu 29 May, 2008 07:51 pm
dyslexia wrote:
Just to keep confusion among those that are omniscient in condemning CPS, it ain't all clear even to the Supremes.

Quote:
In the Texas Supreme Court decision, the three dissenting justices said in an attached opinion that they agreed that the state had no right to remove the young boys from the ranch but that the district court did not err in electing to remove pubescent girls from the ranch and keep them in state custody.

The pubescent girls are "demonstrably endangered," Justice Harriet O'Neill wrote.
PLEASE NOTE "the district court did not err" rather than something like CPS did err. Damn, I hate it when CPS workers are not as knowledgeable as the Texas Supreme Court Judges.


Supreme Courts have jurisdiction over lower courts, not over any administrative agency or the police. All court orders are thusly written. However, functionally Supreme Courts have much wider command of events, since we are a nation of laws and most institutions voluntarily follow the direction of the courts. The courts trust that the police and agencies such as CPS will follow the dictate of the courts, but the courts can not command such. For this reason, and only this reason, does the judgment not slam CPS. Those who know how American law works do however know that the courts comments are directed towards CPS as well as the lower courts.
0 Replies
 
 

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