Tuesday, April 1, 2008

Ethics charges story on one of the RCs may have legs

Subtitle: Mission First.

I'm approaching this story cautiously. We as attorneys know full well that every story has eight sides to it, however I'm beginning to think there is something here about which the legislature ought to pay attention.

This one is beginning to shape up, though, judging from my email. Be patient, and let me develop it a bit more.

Bottom line is something that I'm inclined through experience to accept as true: Bureaucracies exist to serve themselves. That's their mission. It's about preserving the system, not engaging and destroying the enemy (if you will. Please allow me some martial metaphor, since I was once a soldier. The enemy can be whatever you want, for instance "the challenge of zealously preserving the rights of families ripped apart by yet another bureaucracy", or, you know, "defending your clients").

What's coming out of one of our five OCCCRCs is this: employees allegedly given promises never meant to be kept, employees punished for taking initiative in contacting clients via the clerk of court when the RC hasn't kept records of new cases, etc.

OK, let's back up and take a breath.

If my practice goes into the dustbin of history because Florida decided to save money and start a new system, so be it. Those things happen. I tend to find ways to profit from change and challenges, so it's o.k. In my case, I'd say that when God closes a door He opens a window. You may have your own way to be philosophical about change that is beyond your control.

But this is about more than this. The institutional knowledge, passion, and experience base that provided a check against (possible, occasional, anomalous) abuse of power -- or more frequently negligent use of power over families -- that was embodied in professional, private, and experienced dependency defense lawyers in this great state is for the most part gutted already. Even if the OCCCRCs can even pretend to be up and running nine months after being put in place, they can't claim to have reached the level of effectiveness provided under the earlier system of private counsel (or "the rotation" or "the wheel").

And if even if they could claim that, I stand ready to be educated in the matter by anyone in Tallahassee or elsewhere who can say that they are really and truly doing it for less money than it used to cost.

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