November 19, 2008
His Excellency, Governor Deval Patrick
Room 360, The State House
Boston, Massachusetts 01852
RE: Termination of Compensation
For Guardian Ad Litem for Education
Appointments
Effective November 14, 2008
Dear Governor Patrick:
On November 18, 2008 when I returned to my office, I found a copy of a Memorandum from Sally F. Padden, First Justice of the Essex Probate and Family Court stating that there will be no further appointments for Guardian Ad Litems for Education, and that all open appointments expire as of November 14, 2008. I have confirmed that the termination of all Guardian Ad Litems for Education Statewide occurred on that day, with no prior notice, with the order to terminate this service to the most vulnerable children in the commonwealth coming directly from the Administrative Offices of the Trial Court.
Please be advised that I will continue as Guardian Ad Litem for Education for each and every open case to which I have been appointed; I consider this my fiduciary responsibility to the vulnerable children on whose cases I have been appointed to serve in this capacity. I consider that these vulnerable children deserve no less, despite the hardship to myself and my family in receiving no income whatsoever in this role. I note that even when these were compensated appointments, in general, one two three uncompensated hours were required for each compensated hour to function effectively in protecting, securing, and investigating the educational needs of these children.
I understand that neither you, your staff, nor the legislature required or requested that this critical service and essential form of investigative advocacy be discontinued. It is funded via line item 0330-0300, a judiciary line item not subject to the “9C” cuts.
I urge that all Educational Guardian ad Litems be offered the opportunity to complete open cases and appointments on a pro bono basis, in order to protect the vulnerable children of the Commonwealth. Further, I request that the Administrative Office of the Trial Court be strongly urged to rescind this draconian decree, which was issued without notice beforehand. Such a change should be done gradually, if at all, to minimize harm.
For example, my Guardian Ad Litem for Education case load includes hospitalized children. Would a vulnerable child such as Haleigh Poutre potentially be placed at even greater risk by this Procrustean termination, which treats all cases as if they were identical? In my opinion, the answer is “YES”.
Educational Guardian Ad Litems were – and should continue to be a protective measure to slow down the “school to prison pipeline”, and the “school to grave” pipeline. I cannot walk away from the children I am serving and will continue on each and every open case on a pro bono basis, to completion.
This letter is sent by fax, by United States Mail First Class, and posted on Blue Mass Group as an Open letter, effective today.
Sincerely,
Deborah Sirotkin Butler, Esq.
Cc: Hon. Martha Grace
Chief Justice for Administration and
management Robert Mulligan
Hon. Gail Garringer
Enclosure: November 14, 2008 Memo from the Hon. Sally F. Padden, November 17 Memo from Hon. Jay Blitzman
I don’t know which I feel more.
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p>But I certainly am not surprised. Correct me if I’m wrong, but I’m guessing there are several other areas that could have been cut without having such a direct impact on vulnerable children.
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p>I’ve seen too many instances where the most critical services are cut, and when I look at what remains I have to conclude that part of it is due to laziness, some is due to ignorance, and some is just plain arrogance.
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p>Good luck.
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p>It is such important work – and to see every single Guardian Ad Litem for Education eliminated with no notice and just “the stroke of the pen” really is painful at least to me.