Thursday, July 22, 2010

The Court Issue

(Rob writing) This is our understanding of the current legal situation, which is admittedly a weak understanding:

Each year the town council must approve a list of prospective jurors and submit it to the court. These jurors are chosen from among the town's "respected" citizens: teachers, doctors, and so on. The court then accepts the list and draws on the approved group of people whenever it needs a jury. Apparently the judge can hear many types of cases without a jury, but for a case like ours a jury is required.

This year, for whatever reason, the jury selection process failed. The list was not approved, and the court did not accept it. They cannot seat a jury. The town council blames the court, and the court blames the town council. Our able facilitator Ludmilla went from one office to the next trying to resolve the issue. Both sides showed her the section of legal code involved, and each seemed to think that the code clearly demonstrated that it was in the right. No one knows how long it will take to resolve this little bureaucratic spat.

On top of all of this, the judge is ill and is not working this week. No one has told us what his illness is-- I suppose it really is none of our business-- or when he expects to return. There is simply no way to know when all of this will shake down, but it will certainly take a couple of weeks or more. That's why we're going home to wait.

Our other legal option is to move our case to a higher court. We understand that the present court has 10 days to act on our case before we can consider an appeal, which probably means 10 business days-- really about two weeks before we can force the issue. And again, nothing can proceed until the judge bangs his gavel, which he's not doing this week. The appeals court would be in some other town, which would complicate matters. In this town, we already have a lot of people on our side. It would be far better to do it here, but we may not have that option.

We really believe that nothing will prevent the adoption from going through in the end. Too many good-hearted people here want to see it succeed, and we have excellent representation. In a little while, we will be back here, and that time we won't come home without him.

7 comments:

  1. I am so sorry, and having to leave our daughter to be in Russia and come home for 6 months when we were adopting her . . . I know how I cried. . . (buckets by the time I got back to America!) I pray that the situation is resolved speedily and that you are held in the Father's Loving Hands as you wait. Aaron is a love, and I know he will blossom in your home, as the love you feel for him shows in your writing.

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  2. Oh Rob and Julia, this is so hard to read. It is hard for me because I also just read the Aaron's World post and it is so sad that government is playing hot potato with responsibility at the expense of a child so beautiful. Praying for peace and patience and love to bloom large...not only for you but for Aaron while you are gone. God can do anything so this should not be a problem in the long run. Keeping the faith for you to return sooner than you had imagined...with a small fan packed in your suitcase and a little bit of beef jerky in there too:) Love from SC, cathy

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  3. Still praying 4 u all! God can move mountains & He will!

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  4. Please know that many thoughts and prayers are with you.

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  5. How disappointing. One thought: Maybe your little one needs time to long for you in your absence. He was unsure at first and has warmed up to the Idea of going with you, and in your absence, he will surely know that he longs to be with you, so when you come back for him, it will be very sweet.

    God is in control, even of simple judicial matters on the other side of hte world. :)

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  6. Oh, no...I don't know what to say. I am so sorry that this is happening. Leave Aaron a little suitcase to wait for you all to come back for him. He is absolutely precious and I hope he can understand what is happening. Maybe by the time you all come back it will be cooler and there will be better accommodations. I will be praying for you all. Safe travels.
    Stephanie

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Loving words from kind people make our hearts glad!

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