Lawmaker Threatens To Impeach Divorce Judge

Rachel Small — Tue, 12 Feb 2008 09:00:00 -0500

I thought that all states in the U.S. followed separation of powers in their government. Apparently, one Missouri state legislator thinks otherwise. He wants to impeach Circuit Court Judge Christine Hutson for her actions in giving a father, Brent Vance, custody of three of his six children, ages 14, 12, and nine.

This divorce case has political overtones since Claire Noland, who filed for divorce in 2005 against Vance, is the daughter of a former Republican state Senator who ran for Congress against a Democratic opponent who was supported by Judge Hutson. Rep. Lembke has railed against judges and has introduced a constitutional amendment giving the Missouri Senate an advisory role in judicial appointments.

I don't think the impeachment resolution is warranted. Judge Hutson's visitation orders were apparently violated by the mother since the father saw his children for only thirty minutes in a two-year period. The judge found that the children "have been alienated from their father by their mother."

This is a serious finding by the judge, who found that Claire failed to produce "any credible evidence of abuse" which she alleged. After hearing from 17 witnesses, the judge followed the custody advice of the children's attorney who believed the older children, aged 19, 18 and 16, were influencing the younger children against their father.

This is a messy divorce, now under appeal. Impeachment is meant for cases of dereliction of duty, crimes, and misdemeanors. Here the judge did what was best for the children's welfare. It was proper to award custody to the parent who will more likely allow contact with the other parent.

This judge should not face any impeachment hearing. The Legislature should not interfere with the operation of divorce courts. What do you think?

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Lawmaker Threatens To Impeach Divorce Judge