Berkeley

OP-ED: Journalism in the Best Interest of the Child

Published

11 years ago

March 18, 2014

By Daniel Heimpel

A fortnight ago, the appeals court for the Second Appellate District in California invalidated a court order that had eased media access to Los Angeles County’s otherwise closed juvenile dependency hearings.

This ends two years of intermittent sunshine on the complicated functioning’s of the largest child welfare system in the nation, and perhaps the world.

The appeals court decision hinges on how much discretion a judge should have in barring reporters, and has reignited the long-simmering debate about the costs and benefits of allowing reporters to be present at hearings where minors fates are decided.

While the March 3 ruling seemingly closed the door on the media, it also sets up the possibility of two developments: an appeal to the California State Supreme Court, or new legislation allowing greater media access to dependency proceedings not only in Los Angeles, but across the state.

In my opinion, the dispute could and should be resolved through legislation that promotes a new, higher journalism: one practiced in the best interest of the child. .

A Judge’s Discretion and the Burden of Proof

In February of 2012, a week after Michael Nash, the Presiding Judge of Los Angeles’ Juvenile Court, had issued his now invalidated order, a reporter and a lawyer from the Los Angeles Times showed up at a hearing involving a 15-year-old girl and her four younger siblings. The girl had been removed from her parents by the Department of Children and Family Services (DCFS) after her father had allegedly committed “brutal domestic violence” against her and her mother.

It was a tense and uncertain time at the Edelman Children’s Court in Monterey Park California, a sprawling labyrinth of court-rooms and offices set atop a hill where judges and lawyers change the life trajectories of as many as 30,000 children a year. Like many other juvenile courts that had allowed press in, the first few weeks of openness in Los Angeles were met with a herd of reporters keen on easy access.

The courts are already chaotic. Children, like A.L. and her siblings, are not alone in the hearing rooms. Attorneys, bailiffs, court referees, clerks, guardians ad litem and an intermittent cast of family members and social workers are all part of the swirling tide of professionals, paraprofessionals and consumers that make up the county’s vast child welfare system.

The Children’s Law Center of California (CLC) represents every child in Los Angeles County: its 100 lawyers average a caseload of 300 each. From the start, CLC had opposed media access. And in those strange days after Nash issued his order, CLC attorneys were throwing up objections to almost any journalist in the room.

It was through her CLC lawyer that A.L. objected to the Times’ presence.

Almost a month later, the judge in A.L.’s case ruled that the Times would be allowed into the court-room, despite CLC’s assertion that “the child is at an age (15) where children are extremely sensitive to the possibility of their private information being disseminated to others.”

A.L.’s lawyers filed a writ to override the court’s decision, which was denied, setting it up for appeal and the decision in A.L.’s favor published on March 3.

That decision hinges on the concept of judicial discretion and burden of proof. Judge Nash’s order compelled court referees to allow the press in, and only force them out if someone could show a “reasonable likelihood that such access will be harmful to the children’s best interest.”

In his original order, Nash cited the California Welfare and Institutions Code (which governs the dependency system) and two cases – Brian W. v. Superior Court and San Bernardino County Dept. of Public Social Services v. Superior Court – which both dealt with media access to juvenile proceedings.

In 1991, the San Bernardino Sun newspaper requested access to the juvenile court records and files of a sibling group, which had been removed from their home under awful, headline-grabbing circumstances. The attorneys for the siblings objected. Ultimately the court denied the Sun access to the records, but used its discretion to admit the reporter to the hearing under certain conditions.

The appellate court struck down that ruling, but clarified the law around media access significantly:

“Members of the press are persons having a direct and legitimate interest in the work of the court and may be permitted to attend such proceedings in the juvenile court’s discretion under Welfare and Institutions Code Section 346.”

The problem is that Section 346 can be read both as exclusionary and inclusionary to the press. The section reads:

“Unless requested by a parent or guardian and consented or requested by the minor concerning whom the petition has been filed, the public shall not be admitted to a juvenile court hearing.” But, “the judge or referee may nevertheless admit such persons as he deems to have a direct and legitimate interest in the particular case or work of the court.”

While, A.L. had a reasonable objection to the Los Angeles Times presence during the February 2012 hearing, and the Times’ attorney and reporter may have shown insensitivity by not respecting her wishes, it is unclear where judicial discretion had been infringed upon. The judge in that courtroom had the ultimate discretion to either uphold or deny the objection.

The appellate decision seems to argue that the overall environment of the court, where the presiding judge had issued an order bending the culture towards openness, was one where individual court referees were inhibited from exercising the discretion that code section and case law give them.

“We agree that press attendance at dependency proceedings may be allowed, and that the legislature intended to encourage it, as Brian W. tells us,” the majority wrote in this month’s opinion. “But both Brian W. and San Bernardino are also clear that press admittance to dependency hearings involves an exercise of the juvenile court’s discretion in the context of the unique facts of each case.”

Further, the majority opinion looks to shift the burden of proof on access back to the press.

“The press must ultimately persuade the court that the balance of competing interests should be weighed in its favors – that is, there is no reasonable likelihood that access will be harmful to the child’s best interests.”

It is on this question, the likelihood of harm to a child, that the entire debate falls, and where one can discern an opportunity to bridge the gap between needed privacy for child victims and the social change transparency can bring.

Cross posted with the Chronicle of Social Change. Read the full story here.

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Activism

A Student-Run Group Provides Critical Support Services to Underserved Residents

Those visiting The Suitcase Clinic can get legal advice, sign up for food assistance, receive housing resources, get medical help, or enjoy a hot, fresh meal. They can also get haircuts and foot washes from the student volunteers. Nilo Golchini, executive director of the clinic, said one of the goals for most of the students working there is helping bridge the gap of trust that exists between many unhoused people and the healthcare and social welfare systems.

Published

9 hours ago

December 18, 2024

Oakland Post

UC Berkeley Law Students help a clinic visitor with legal advice at their Tuesday night services. The Clinic offers a variety of resources, including medical, to those in the community who have little access to these services. Photo by Magaly Muñoz

Part One

By Magaly Muñoz

Every Tuesday evening, the dining hall of First Presbyterian Church fills up with dozens of people eating, laughing and moving from table to table, receiving much-needed services from UC Berkeley students – just a few blocks away from the university’s campus.

Individuals seeking support services can be found in this multi-stationed room on the south end of the church talking to law students, student case managers, or receiving medical attention in a corner by healthcare professionals.

This weekly event is hosted by Cal students through a volunteer-run program called The Suitcase Clinic.

The clinic, founded in 1989, was intended to offer free resources to underserved communities in Berkeley and surrounding cities. The majority of the clinic’s clientele are unhoused or low-income people looking for extra support.

Those visiting the clinic can get legal advice, sign up for food assistance, receive housing resources, get medical help, or enjoy a hot, fresh meal. They can also get haircuts and foot washes from the student volunteers.

Nilo Golchini, executive director of the clinic, said one of the goals for most of the students working there is helping bridge the gap of trust that exists between many unhoused people and the healthcare and social welfare systems.

During their tenure in the program, many of the students say they become strong advocates for homelessness rights.

Visitors of the Suitcase Clinic can receive haircuts and foot washing by student volunteers every Tuesday evening. Photo by Magaly Muñoz.

“We’re also standing in solidarity with them. So, it’s not saying, ‘I’m going to help you, but I’m also going to stand with you,’” Golchini said.

Student volunteers get extensive training prior to working directly with clients. Those interested have to take a semester-long class to become versed in areas such as outreach, intersectionality, how to interact with unhoused people, how to sign people up for social services. and more.

Volunteers then get to pick from three different clinics: General, Women’s, or Youth and LGBTQ+.

The General Clinic is the most popular among visiting residents, while Women’s and Youth/LQBTQ+ have more specialized services for attendees.

The Women’s Clinic has many of the similar services to General, but also includes nail painting, childcare, and massages.

The Youth and LGBTQ+ Clinic offers a safe space for young people navigating living on the streets, with services that include housing referrals, wellness and recreation classes and employment resources.

Golchini explained that it’s important for them to keep these clinics separate because the different demographics experience poverty and homelessness differently than those who visit the General Clinic.

Suitcase Clinic student workers posing for a photo with a frequent clinic attendee. The Clinic is open to Berkeley unhoused and low-income residents who need medical or legal service, or a hot meal. Photo by Magaly Muñoz.

“We’re able to provide spaces where people can come in and feel safe and not feel like they’re constantly worried that something’s going to happen to them,” she said.

An outreach team also visits encampments every other Saturday in the Berkeley area to provide hygiene kits and encourage people to visit the in-person clinic, if possible.

However, Golchini said engagement has been low for some time now due to a recent decision by the U.S. Supreme Court that allows cities to ban and cite people for sleeping on the streets.

She said a lot of their clientele got displaced to other cities over time, making it difficult to stay in contact with the services the Clinic was providing for them.

But that hasn’t slowed down the students at the Clinic, if anything, it has pushed them to do more for the community they serve.

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Arts and Culture

Promise Marks Performs Songs of Etta James in One-Woman Show, “A Sunday Kind of Love” at the Black Repertory Theater in Berkeley

“The (show) is a fictional story about a character named Etta, aka Lady Peaches,” said Marks. “She falls in love with Johnny Rhythm, leader of the Rhythm Players Band and headliners of Madam G’s Glitta Lounge.” Marks channeled the essence of Etta James, singing favorites such as “Sugar on the Floor” and “At Last.”

Published

10 hours ago

December 18, 2024

Oakland Post

Photo Courtesy Of Promise Marks.

Special to the Post

It was “A Sunday Kind of Love” at the Black Repertory Group Theater in Berkeley on Saturday night, Dec. 7. The one-woman musical based on the music of Etta James featured the multi-talented singer Promise Marks

Marks, who wrote and directed the musical, also owns PM Productions.

Marks channeled the essence of Etta James, singing favorites such as “Sugar on the Floor” and “At Last.”

In between her soulful songs, Marks narrated impactful moments of the love story and journey of blues and forgiveness.

Marks sultry voice carried the audience back to an era that echoed with the power of Black music and a time of great change.

Marks said James shared love for the Black community by singing at gatherings during the Civil Rights Movement uplifting the people.

“She spoke to the movement, spoke to the people, and let her music speak for itself,” Marks said.

Backing the musical’s monologues, images and videos of Etta James are projected for the audience to view. While the production is fictional, Marks infused script with the unfairness and heartbreak James experienced while performing.

Marks performed gospel artist Donnie McClurkin’s “We Fall Down” as she narrated acts of reconciliation and forgiveness among the characters at Johnny Rhythm’s deathbed.

Marks, who regularly sings for the Miss America Pageant, was asked to perform as Etta James last year. “(At the event) a lady yelled out to me: ‘You’re Etta James!’ And then the audience went crazy. I said to myself, ‘I may have something here,’” she said.

Within 12 months, Marks created the musical production, which featured a dozen songs honoring “the great legacy of Etta James,” she said.

Marks says she was saddened to see how Etta James was often judged by the struggles in her life and wanted to offer attendees a more layered view.

“Etta’s life was so big. I want people to know that she was more than her drug addiction,” said Marks. “We can’t make that her legacy. Her catalog is too amazing. You can’t just be that and have the catalog that she (created). I don’t want the addiction to be the focus: I want her music, her element, her sassiness, and what she brought to be the focus – her woman-ness, that she was strong, and I wanted to honor that.”

Set Designer Nora Burnette says she created the set segments to mirror James’ life story. A set designer for BRG since 2016, she explained that her process of researching the scenario and the character serve as her inspiration for her design.

“I try to design a set as close to real life as possible so that the actress can deliver the performance sincerely,” said Burnette. “By creating the right setting, it helps the actors release the true essence of a character.”

The set brought the story to life and absolutely floored Marks. “Once Promise (Marks) saw the actual set, she understood my vision: ‘Wow, you get me. You get it,'” Marks told the designer.

Born Jamesetta Hawkins, Etta James, began her career in 1954 and gained fame with hits such “At Last” and “I’d Rather Go Blind.” She faced a number of personal problems, before making a musical comeback in the late 1980s with the album “Seven Year Itch.”

Co-producer and BRG Development Director, Sean Vaughn Scott, works with Overseer Production. According to producer Pamela Spikes, “Marks talent truly does Etta’s life story justice.”

Pam Jacobs of Hercules, a friend of Marks’ mom, Jackie Smith, said, Marks “was fabulous and sang all of those songs flawlessly.”

“I’m so proud of my daughter,” said Smith.

Marks, who has served as an instructor for BRG, will return on Feb. 21- 23 for an encore run of the musical.

“It’s an honor to be a part of the BRG (Black Repertory Group) family and continue our executive director Dr. Mona Vaughn Scott’s vision for the Black Repertory Group theater,” said Marks.

The Black Repertory Group Theatre is located at 3201 Adeline St., Berkeley, CA 94703. For information, visit: BlackRepertoryGroup.com

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Activism

BWOPA Honors Black Leadership and Legacy at 2024 Ella Hill Hutch Awards Dinner

On Dec. 5, BWOPA held its Annual Ella Hill Hutch Awards Ceremony, at the Fairmont Claremont Hotel in the Oakland/Berkeley Hills. At the event, the group comprised of Black women from various professional backgrounds, honored distinguished local and state leaders whose contributions have shaped civic engagement and advanced critical social issues impacting Black communities.

Published

10 hours ago

December 18, 2024

Oakland Post

L-R: BWOPA State Executive Director LaNiece Jones; State Asm. Mia Bonta; BWOPA 2024 Man of The Year/Urban League SFBA CEO Ken Maxey; BWOPA State President Hon. Dezie Woods-Jones; State Senator Lola Smallwood-Cuevas; Rowena Brown, Oakland Councilmember At-Large, Elect; BWOPA State Regional Director Vashone Huff. Courtesy photo.

By Oakland Post Staff

Black Women Organized for Political Action (BWOPA) is a statewide non-profit advocacy and membership organization committed to solving problems affecting Black Californians.

On Dec. 5, BWOPA held its Annual Ella Hill Hutch Awards Ceremony, at the Fairmont Claremont Hotel in the Oakland/Berkeley Hills.

At the event, the group comprised of Black women from various professional backgrounds, honored distinguished local and state leaders whose contributions have shaped civic engagement and advanced critical social issues impacting Black communities.

The evening was hosted by Dr. Shawna Charles, founder of The Charles Communications Group (CCG) headquartered in Los Angeles. Charles served as mistress of ceremonies.

With a track record of elevating voices and empowering communities, Charles’ leadership and insight brought a certain dynamism to the celebration.

“Each year, this event not only celebrates the enduring legacy of our beloved BWOPA founding member, Ella Hill Hutch, but also reaffirms and amplifies our unwavering commitment to building and sustaining Black political power across California,” said Dezie Woods-Jones, BWOPA founding member and State president.

“Ella Hill Hutch’s trailblazing leadership continues to inspire us as we forge ahead, empowering Black women to lead, advocate, and shape a more equitable future for all,” added Woods-Jones.

This year’s event introduced the DWJ Rising Star Award, honoring young leaders like Solano County Board Supervisors-elect Cassandra James, Danielle Motley-Lewis, Naomi Waters and newly elected State Assemblymember elect Rhodesia Ransom (D-Stockton).

According to organizers, the awardees all exemplify “the next generation of changemakers.”

Other awardees included:

Lifetime Achievement Awardees: Congresswoman Barbara Lee (D-CA-12) and Alameda County Supervisor Keith Carson
Man of the Year: Kenneth Maxey, CEO of the Greater SF Bay Area Urban League
President’s Corporate Award: Yvette Radford, Kaiser Permanente
In the Spirit of Ella State and Chapter Awards: Dr. Carolyn Greene, Dr. Marcella K. Smith, Dr. Carolyn Drake, Tinisch Hollins, Jackie Jones, Gloria Burgess Johnson, Tamika L’Ecluse, Ellen Nash, Betty Reid Soskin, and Ay’Anna Moody.

BWOPA also celebrated local champions across its chapters, including leaders in voter education, healthcare, criminal justice reform, and community advocacy.

In a statement, BWOPA said, “Honoring Ella Hill Hutch’s legacy, BWOPA recognizes her pioneering efforts as the first Black woman elected to the San Francisco Board of Supervisors. Her tireless work amplifying underrepresented voices continues to inspire BWOPA’s mission to build Black political power across California.”

“We extend our heartfelt thanks to our members, partners and allies who believe in BWOPA’s vision to invest in building power for Black women’s leadership,” said LaNiece Jones, BWOPA State executive director. “Your support ensures that Black women have a voice at decision-making tables locally, regionally, statewide, and nationally, advancing diversity and equity in leadership spaces.”