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(AP Photo/Tony Gutierrez)
John Hollenhorst and Sandra Yi reporting
Imagine something like 400 lawyers converging for a single court hearing. That may sound like the start of a bad lawyer joke, but it's actually happening Thursday in Texas, and many of the lawyers seem to be doing it out of the goodness of their hearts.
The future of 416 children is at stake as Texas officials go to court to justify the mass roundup of children in the FLDS polygamy compound. A judge will have to decide if the children should remain in state custody.
The biggest courtroom in the Tom Green County Courthouse seats 300 people. The lawyers alone are enough to fill it up and spill into the hallways. The children will be represented by at least 350 lawyers, plus there will be more attorneys representing the state and other interested parties. An overflow courtroom has been set up in a nearby auditorium with 1,000 seats, 100 of those reserved for the media.
The court hearing is a "showdown" in the original meaning of that word from the world of poker. Texas officials will have to lay their cards on the table, face-up, and show a judge what they have. The big question is: Will it be enough to take children from their parents permanently?
State officials insist they found evidence of physical and sexual abuse. Marleigh Meisner, with Texas Child Protective Services, says, "I think we also have children who were at risk because of the environment that they were in, that they could be potential victims or certainly could be witnessing abuse and neglect. And I believe, and our department believes, that this was not a safe environment for these children."
A state petition last week claims all the children are at risk because of a pervasive pattern of underage marriages. But the only evidence revealed is that some underage girls are pregnant or have given birth.
The court hearing could be a logistical nightmare, with hundreds of volunteer lawyers. Texas State Sen. Robert Duncan said the lawyers are "attorneys who are willing to come down here and basically give their time, and take time away from their practice, to make sure that these children have appropriate legal representation in these proceedings."
State officials want to present one case covering all 416 children with the same evidence and witnesses, but FLDS lawyers object. So does Utah Law Professor Linda Smith. She says, "I would think that the court would have to make out a case for each child, or at least each family grouping, to justify whatever decision is made for that particular child and that particular family."
Utah attorney Steven Russell believes authorities violated Texas code, which allows for the removal of children during an emergency, and if there's no time for a hearing.
He says if the state wants to present one case to cover all 416 children, that's also a violation of due process.
If the children are to stay in state custody, the state has to prove the children are at risk of abuse at home with their families. Thursday, we all should know what the evidence is.
E-mail: jhollenhorst@ksl.com
E-mail: syi@ksl.com
