Phila. Family Court Judge Younge Absent From Bench, Replacement Judge Sending Children Back to Parents
Younge's lawyer says the judge's future in the Family Court is uncertain.
May 21, 2018 at 02:22 PM
4 minute read
Philadelphia Family Court Judge Lyris F. Younge, who in recent weeks has faced strong criticism from an appeals court as well as protests in the street for violating parents' rights, is off the bench—at least for now—and another judge has taken over her cases, undoing several of her rulings that removed children from their parents.
Younge has been off the bench since last week and has not been assigned judicial duties for this week either, according to the court's schedule and several family lawyers. Judge Joseph Fernandes now sits in her courtroom and has taken over her caseload.
It is unclear why Younge is not hearing cases at this time or whether she is even in the courthouse. Court administration did not respond to requests for comment on her whereabouts or status. Younge is currently under investigation by the state Judicial Conduct Board, her attorney Samuel Stretton confirmed earlier this month, prompted by a series of articles in The Legal exposing her history of due process violations.
Stretton said in an interview Monday that Younge was taking an “extended chambers week,” to write rulings. A chambers week in and of itself is not uncommon, but it is unusual for another judge to take over a colleague's workload and to make substantive decisions in open cases.
Stretton said this was because Younge needed extra time to complete her paperwork and the court did not want to hold up her cases for an extended period. However, Stretton said he was also unsure as to whether Younge would ultimately be transferred to another division of the court.
“In the long run, whether she remains there or not, I have no say in that. That would be decided when the opinions are done,” Stretton said.
Since Fernandes has taken Younge's place, he has undone multiple orders terminating parental rights and sending children to foster care, family lawyer Aaron Mixon said.
Mixon's clients, Lisa Mothee and Miltreda Kress, both had custody of their children taken away by Younge, and both claimed the judge denied them the opportunity to present their side of the cases in court.
Mothee's five children were taken from her after the Philadelphia Department of Human Services claimed she had been using opioids. Mixon said, however, that Mothee had been tested and it was determined that she had no substance abuse issues. Mothee additionally complied with all court-ordered goals for reunification, yet Younge refused to reinstate custody, according to Mixon.
However, Fernandes granted reunification for Mothee and her children Monday, ending the months-long separation in a matter of minutes.
In Kress' case, the Department of Human Services investigated her household after her daughter made abuse allegations against Kress' live-in boyfriend—allegations that Kress said the 14-year-old later recanted. Mixon added that Kress' daughters told the court they wanted to return home to her mother, but Younge refused.
Last week, Fernandes ordered that Kress be allowed unsupervised visits with her children in foster care, and they are now on track for reunification by August, Mixon said.
“In Lisa's case our client has been fully compliant and we're glad the kids will return where they belong,” Mixon said. “For Millie, we're glad she got unsupervised visits for her kids.”
Mothee and Kress were two of dozens who took to the streets to protest Younge's treatment of parents. Along with them were others with cases before Younge, including a grandmother who claimed her grandsons, ages 5 and 9 years old, were placed into foster care even though she was willing to house the boys in her seven-bedroom New Jersey home.
Younge denied custody to the grandmother because she lived across state lines. The 9-year-old was later molested by a foster parent, the grandmother claimed.
On May 4, the state Superior Court reversed a ruling from Younge that kept a couple's five-month-old daughter in foster care where she remains as a toddler, allowing the parents to visit their child only twice per week, as a means to force a confession of alleged child abuse.
In a stinging opinion published by the state Superior Court, Superior Court Judge Anne E. Lazarus said, “The fact that a trial judge tells parents that unless one of them 'cops to an admission of what happened to the child' they are going to lose their child, flies in the face of not only the [child protection laws] but of the entire body of case law with regard to best interests of the child and family reunification.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllPhila. Jury Hits Sig Sauer With $11M Verdict Over Alleged Gun Defect
3 minute readEx-DLA Piper, Ballard Spahr Atty Accused of Aiding Video Game Company Founder's Misappropriation Scheme
5 minute readBosworth Claims It Was Kline & Specter, Not Him, That Breached Settlement Terms
4 minute readTrending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250