WEBVTT

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Welcome to Illuminating Hope, a podcast of Hope

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House. In this series, advocating justice, the

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legal battle, we dive into the legal battles

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that shape the fight for domestic violence survivors.

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In each episode, we bring you powerful conversations

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with the legal teams, court advocates and change

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makers working tirelessly to bring justice, protection

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and hope to survivors of domestic violence. From

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the courthouse to policy changes, from survivors'

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rights to legal strategies, we uncover the critical

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role the justice system plays in breaking cycles

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of abuse. Whether you are a survivor, advocate,

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or someone passionate about justice, this podcast

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series will empower and inform you. Justice isn't

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just about the law. It's about giving survivors

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a voice, protection, and a future. Cheryl L.

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Rosen is a retired Missouri Circuit Court Commissioner

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who served with distinction in the 16th Judicial

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Circuit based in the Eastern Jackson County Courthouse.

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With a legal career spanning a decade, Commissioner

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Rosen was widely respected for her commitment

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to family law and her tireless advocacy for survivors

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of domestic violence. Born in Denver, Colorado

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and raised in St. Louis, Missouri, Rosen earned

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her bachelor's degree in journalism from the

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University Colorado at Boulder. At just 20 years

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old, she went on to receive her law degree from

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the University of Missouri of Law in 1978. Rosen

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began her legal career at Legal Aid of Western

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Missouri, where she represented survivors of

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domestic violence. She played a key role in drafting

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and lobbying for Missouri's first adult abuse

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statute, laying the groundwork for stronger protections

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for abuse victims across the state. She later

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transitioned to private practice, continuing

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her focus on family law. In 1994, she was appointed

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as a Family Court Commissioner, where she presided

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over contested family law cases and a truancy

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court program. Throughout her judicial tenure,

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she was recognized for her integrity, compassion,

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and unwavering commitment to justice. She also

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served as a guardian at Lightham. Her contributions

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have been honored by the Kansas City Bar Association

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and Missouri Lawyers Week. reflecting her impact

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both in the courtroom and in broader legal communities.

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Now retired, Commissioner Rosen leaves behind

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a legacy of advocacy, service, and leadership

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in Missouri's family court system. Commissioner

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Rosen, welcome to the Aluminum Home Podcast.

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We're so glad you're here. Thank you for inviting

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me. First, I have to say, go Tigers. Because

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I did not know you were a Mizzou grad. I am Mizzou

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myself, so I love it. an attorney on just the

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other day and she had her BA in journalism as

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well, which I thought was ironic that two attorneys

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and judge would have their degrees in journalism

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first. Why is that? I was interested in writing.

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I was on the school newspaper and then about

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that same time Watergate happened and you know

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Woodward and Bernstein and being a journalist

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was a proud profession the same way being a lawyer.

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You helped write the adult abuse statute. Can

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you talk a little bit about that process and

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the different hoops you might have had to jump

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through? I had just gotten out of law school

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and I was hired by Legal Aid. At that time across

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the country all of a sudden people were starting

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to realize that domestic violence was a problem

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and so there was a coalition that proposed legislation

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that came from other jurisdictions. It took three

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years to get through. It was a long process because

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it took a lot of persuasion of people to really

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understand that this was a problem, and I think

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people know about a problem, we just didn't talk

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about it. But things like the Missouri Bar did

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not want to be a sponsor of this kind of legislation.

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One of the lawyers who did talk to me about this

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said, well, we should make it part of the Small

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Claims Act. I said, what? And he said, yeah,

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you go in, you get that time, you know, $1 ,000

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limitation, but that domestic violence was a

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small claim. It was not easy getting it through

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the legislature. It took a while, and I remember

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sitting in the house, chambers and it was like

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they were doing their best to kill it. And I

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remember these three guys arguing it just to

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keep the other people not from doing in terms

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of the procedure and the process. And so the

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State Senate was a real issue because that's

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always been more conservative. A state senator

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from Springfield was very concerned that the

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act would be used by gay and lesbian people.

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I mean, obviously it was not written, but there

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had to be then, it's not there anymore, but more

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oriented to not same -sex couples. But this was

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1979 and 1980. Things got better. Maybe not so

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much now, but at least the Act can be used now

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for whatever that relationship is. It was bare

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bones. There is a criminal component for violation

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of an order, and when first drafted it had civil

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consequences, contempt of court, that kind of

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thing. And contempt of court can be a long, arduous

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process in terms of trying to do enforcement

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that way. And I remember sitting in and the office

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of the representative from St. Louis and police

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chief from St. Louis was there. I mean, there

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really were a lot of people there in terms of

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a lot of support in trying to get this done.

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I think it was state rep Weed who later became

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our congressman here. Why don't we have a criminal

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provision for enforcement? You violate it. And

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at that time, and I said, how do you do that?

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He said, well, we're the legislature. We can

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do anything we want. And so that's when it had,

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at that time, and because they were concerned

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about it, it was a misdemeanor violation. Since

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then, there's now both felony and misdemeanor

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violation, but these were baby steps. And I don't

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want to say we were making it up as we went along,

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but sometimes we were. And sometimes you had

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to deal with people and make it palatable for

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them to pass, that kind of thing. And I can't

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tell you we thought this would be a done deal,

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especially when you explained to, and generally

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there were not that many women in the legislature

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at that time, that you were going to remove somebody

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from their house, their castle. When I was working

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for legal aid, I had one client killed during

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a domestic violence situation. I think those

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who work in this area know things happen quickly.

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You've got to work quickly. You need the police

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there quickly. You need the courts to work quickly.

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And courts don't always work quickly. And this

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was the first, at least in this jurisdiction,

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the first time that people were really looking

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at the problem. And it was. It was people statewide.

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It wasn't just out of St. Louis or Kansas City.

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It was support statewide. Because finally people

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were I mean, there were shelters here. There

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were not shelters here. The thing we don't talk

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about. I'm sure in the 70s and 80s, this was

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almost impossible to get something like this

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passed. Nowadays, at least, we have people having

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the conversation more and more and more, but

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that's because of you foundation builders that

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had to build on that. Well, it's not just me.

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It was many people. It was many people. And I

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caught the case that happened to be the case

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that got brought in front of the Supreme Court.

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It was this marvelous woman, incredibly strong

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black woman. And the court's judges, people were

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looking. for a means to test the constitutionality

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of the adult abuse act, because again, you're

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removing people from a residence or something

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else like that. And I was representing her. The

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judge denied the order of protection because

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he said the statute was unconstitutional. And

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there we went. It had not been tested across

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the country. There had been other things and

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there had been other states where it had gotten,

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but it had never been actually appealed up to

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the state level. So they went to the court of

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appeals. Anyway, it ended up in the Missouri

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Supreme Court. And I handled that appeal. I mean,

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we had the support of some people out of DC with

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regard to an amicus brief and things like that

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in terms of, well, because it was gonna be possibly

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a case of first impression. And if this went

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down and all of us had been kind of following

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the same statutory language, if it went down,

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all of them were gonna go down. So it was pretty

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scary. As a practitioner, what was it like when

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you were representing? for these laws were in

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place. Was there a case? What did that look like?

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You just said get out of there if you can and

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there weren't places to go and and as you know

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now still it's hard for people to get out financially

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or anything else like that but these cases would

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end up in municipal court. Those are ordinance

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violations here and usually there was never any

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kind of jail time. It was just be a judge saying

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wagging their fingers saying you stay away from

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them. We didn't use compare restraining orders

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either because that's a long arduous process

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as well. And I was working with people at Legal

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Aid who had literally no money. You know, how

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do you put up a bond for a temporary restraining

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order? And because it was not immediate relief,

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you know, you said you got to get out of there.

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Not that that's always the solution either. I

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mean, I think, look, I've always told people

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that the order protection is a piece of paper.

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It doesn't stop bullets. It doesn't stop this.

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You have to be proactive in terms of how you

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take care of yourself and usually your children.

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But this is much better than what we have. had,

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and I think having that, police hate domestic

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violence cases. They're the most dangerous thing

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they go into, except maybe stopping somebody

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on the highway. And this gave them at least a

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tool. It maybe gave them the idea that this is

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more important than it had been treated. Not

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that they didn't treat, you know, assault appropriately

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or something like that, but it's the old rule

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of thumb. I can beat my wife with a stick, you

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know, as long as it's the size of my thumb. I'm

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not saying police. towards that but you know

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this is the transition of what happened but I

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think it made police say well now I can do more

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or now I should do more yeah no I gotta start

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somewhere and build off of everything that you've

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the foundation of what you put in place so that

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case that you were at the Supreme Court with

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I'm assuming you won Denise Williams that's her

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name yeah it was under advisement for like six

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months and we were like who knew when I argued

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the case you never know which way it's gonna

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go the court knew it was a case of first and

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I mean, there were some technical arguments as

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to why it might be unconstitutional because the

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title didn't include something else. It's all

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the stuff that we lawyers love to do to not get

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to the real meat of the issue. My real concern,

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frankly, was the criminal provision. The court

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upheld all that. I mean, it wasn't unanimous

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and some of the dissents were pretty strong,

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but they upheld the statute. And once it was

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upheld and there was publicity, there was publicity

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when the statute passed, but it started being

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used more in more and not just in the cities

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but in the more rural areas of the state of Missouri

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because there was this attitude rightfully or

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wrongfully especially among law enforcement in

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the rural areas that we can take care of our

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own we don't really need this kind of thing and

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maybe they did I don't know it changed things

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it did yes we won now the statute now is really

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different than how it originally passed and we

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did add provisions we had some provisions regard

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to custody and things like that. But there are

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a lot more things in it now. I don't think the

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stalking provisions were as clear then as they

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are now. It just takes time and other constitutional

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challenges from other places. And so what we

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have now is not what we had then, but it was

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the major start. But it wasn't just me. I need

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to make that clear. I mean, I did handle the

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appellate case, but it wasn't just me doing this.

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The reason we have I Think Anything Here is because

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people of like minds or who see a problem say,

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how do we work together to do something to solve

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it? I'd like to go back to the discussion with

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the abusers or the offender having to leave the

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home being constitutional or not being constitutional.

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Today, you don't hear a lot of that happening.

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As a matter of fact, it would probably help if

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the abuser or offender did have to leave the

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home. Is it still written in the statute that

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that's the case? Or are we seeing that happen

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today? It does. That's the order. It's not just

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a stay away provision, but it's you have to leave

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the residence. And that still remains, I think,

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the crux. of the statute because the problem

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is not that they were ordered to leave the house,

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it's the fact that it was done ex parte. Ex parte

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meaning just done on the petition of the person

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saying this happened, this happened, this happened.

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So the legal process, and this has always been

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this way, the petition gets filed, it gets sent

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to a judge, and the judge reads the affidavit.

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And if the affidavit supports that, then they

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can issue an ex parte or protection or Now in

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the vernacular, they just call it, people call

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it an ex parte and they don't even know what

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that really means. It's always amused me, actually,

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at this point. But it was without a hearing.

00:12:59.710 --> 00:13:01.929
The provisions were, they're out of the house,

00:13:02.230 --> 00:13:04.669
the police can get them out of the house if they

00:13:04.669 --> 00:13:07.269
don't leave or if they violate the ex parte order,

00:13:07.450 --> 00:13:09.370
there are the criminal violation provisions.

00:13:09.389 --> 00:13:12.610
And then there's the hearing, what, 15 days later,

00:13:12.610 --> 00:13:15.269
I think. Okay. Very important. So the whole issue,

00:13:15.350 --> 00:13:17.830
as we keep hearing today, due process, due process,

00:13:17.950 --> 00:13:21.129
due process, this was depriving somebody of their

00:13:21.129 --> 00:13:24.129
property rights without a hearing, without that

00:13:24.129 --> 00:13:26.809
provision, without you gotta go now, you gotta

00:13:26.809 --> 00:13:29.330
leave now, or the police can get you out of there,

00:13:29.690 --> 00:13:32.730
or whatever. Imagine waiting 15 days, what can

00:13:32.730 --> 00:13:35.129
occur in 15 days? You know, there are issues

00:13:35.129 --> 00:13:37.429
with regard to notice and service and everything

00:13:37.429 --> 00:13:39.789
else like that. But that's what was so radical

00:13:39.789 --> 00:13:41.929
about these things, which nobody thinks about

00:13:41.929 --> 00:13:44.110
these days, thank God, but what was so radical

00:13:44.110 --> 00:13:46.750
was that this was done based upon somebody just

00:13:46.750 --> 00:13:48.610
saying, this happened, this happened, this happened.

00:13:48.690 --> 00:13:50.980
And I won't tell you that that the statute doesn't

00:13:50.980 --> 00:13:53.960
get abused or people lie, but when you weigh

00:13:53.960 --> 00:13:56.960
and balance what's happening. So that's why there

00:13:56.960 --> 00:13:59.840
was the fear that with the provision that there's

00:13:59.840 --> 00:14:02.620
not a hearing before somebody is basically removed

00:14:02.620 --> 00:14:04.940
from a residence that it would fail. I mean,

00:14:05.039 --> 00:14:07.259
that's the whole argument these days with regard

00:14:07.259 --> 00:14:10.100
to immigration and the lack of a hearing and

00:14:10.100 --> 00:14:12.460
due process there. These are two different things,

00:14:12.799 --> 00:14:15.360
but that's the due process argument. And that's

00:14:15.360 --> 00:14:16.919
what we were fearful of. That's interesting.

00:14:17.500 --> 00:14:21.299
Why is it helpful to have a DV advocate in the

00:14:21.299 --> 00:14:24.580
court process? I didn't handle the adult abuse

00:14:24.580 --> 00:14:27.259
docket that long. I was a family court commissioner

00:14:27.259 --> 00:14:30.340
and my orders have to be signed off by a judge

00:14:30.340 --> 00:14:33.340
and that was always a cumbersome process and

00:14:33.340 --> 00:14:35.460
so eventually the docket got transferred. But

00:14:35.460 --> 00:14:37.720
for a long time I did the dockets and they were

00:14:37.720 --> 00:14:39.600
at this point I think they were massive. I mean

00:14:39.600 --> 00:14:41.720
I had a small courtroom and I can't remember

00:14:41.720 --> 00:14:44.620
how it started out but they would be these really

00:14:44.620 --> 00:14:47.419
big dockets and there'd be a lot of people crowded

00:14:47.419 --> 00:14:49.840
in their petitioners and the defendants, which

00:14:49.840 --> 00:14:52.200
is not a good way of doing it. I think eventually

00:14:52.200 --> 00:14:54.539
there was a sign -in process, but I don't know

00:14:54.539 --> 00:14:56.639
that we did that in the beginning. It was volatile.

00:14:56.679 --> 00:14:58.960
We didn't have security at the courthouse yet.

00:14:59.000 --> 00:15:01.360
We had sheriffs, but we didn't have, you know,

00:15:01.519 --> 00:15:03.759
metal detectors or anything else like that. And

00:15:03.759 --> 00:15:06.600
so one time I was doing the docket. That time

00:15:06.600 --> 00:15:09.679
Eileen was an advocate, and she came up to the

00:15:09.679 --> 00:15:12.539
bench and basically said, can I tell you something?

00:15:12.580 --> 00:15:15.539
I said, okay, sure. She says, you see that guy

00:15:15.539 --> 00:15:18.559
in that... cowboy duster you know those those

00:15:18.559 --> 00:15:21.019
long raincoats that go to the floor she says

00:15:21.019 --> 00:15:24.340
he's got a baseball bat under the coat. Oh my

00:15:24.340 --> 00:15:26.179
goodness. And it all worked out. It all worked

00:15:26.179 --> 00:15:28.480
out. I was able to bust for sheriff and they

00:15:28.480 --> 00:15:30.539
escorted him out of there. He had a baseball

00:15:30.539 --> 00:15:32.639
bat. What the hell was he going to do with that?

00:15:32.639 --> 00:15:34.879
Right. And I'm telling you, that courtroom was

00:15:34.879 --> 00:15:37.299
really small. Yeah. I mean, he would have taken

00:15:37.299 --> 00:15:39.879
out not just whoever he was there for. It would

00:15:39.879 --> 00:15:42.240
have been a lot of us too. I don't want to think

00:15:42.240 --> 00:15:44.240
about people who are probably bringing guns in

00:15:44.240 --> 00:15:46.879
then too, but I remember that. As a commissioner

00:15:46.879 --> 00:15:49.259
on the bench talking about like in the adult

00:15:49.259 --> 00:15:52.620
abuse doc itself, you're responsible. for not

00:15:52.620 --> 00:15:54.960
just the case that's going on, but you have all

00:15:54.960 --> 00:15:56.799
these other petitioners and respondents because

00:15:56.799 --> 00:15:58.960
it was their large dockets in the courtroom.

00:15:59.240 --> 00:16:02.019
So you were not able to have your hands on everything

00:16:02.019 --> 00:16:04.659
that was going on because it just was so much.

00:16:04.700 --> 00:16:06.659
And that's kind of where the advocates came in

00:16:06.659 --> 00:16:09.440
as we were kind of able to talk with petitioners

00:16:09.440 --> 00:16:11.980
if there wasn't served cases. Unfortunately,

00:16:11.980 --> 00:16:14.679
it's hard to get service and that's part of the

00:16:14.679 --> 00:16:16.759
whole thing about due process that they have

00:16:16.759 --> 00:16:20.059
service. Now the order protection can be extended

00:16:20.059 --> 00:16:22.759
until you get service, but some of these never

00:16:22.759 --> 00:16:25.139
got service and that was a problem. So having

00:16:25.139 --> 00:16:28.299
an advocate there was not just for those people

00:16:28.299 --> 00:16:31.500
on the docket, but it did help manage the docket.

00:16:31.879 --> 00:16:33.659
And they were, they were just massive. I used

00:16:33.659 --> 00:16:36.340
to have all day dockets in the morning and in

00:16:36.340 --> 00:16:38.460
the afternoon. And I don't know what the numbers

00:16:38.460 --> 00:16:40.799
are now, but they're a lot. Now that I'm retired,

00:16:40.799 --> 00:16:43.419
I don't see it a monthly thing, but thousands

00:16:43.419 --> 00:16:46.139
and thousands of cases are filed a year in Jackson

00:16:46.139 --> 00:16:48.159
County. I don't know what they are across the

00:16:48.159 --> 00:16:51.549
state. Now, not all of them. up in orders in

00:16:51.549 --> 00:16:54.230
some cases get dismissed because there was never

00:16:54.230 --> 00:16:56.909
service or anything else like that but now some

00:16:56.909 --> 00:16:59.470
of these orders of protection can be extended

00:16:59.470 --> 00:17:02.629
for years and years they were used to be six

00:17:02.629 --> 00:17:04.670
months which at that time was like oh my god

00:17:04.670 --> 00:17:07.250
a six -month thing and then it got extended to

00:17:07.250 --> 00:17:10.009
a year and now I think there are lifetime orders

00:17:10.009 --> 00:17:12.990
which is mind -blowing to me obviously there's

00:17:12.990 --> 00:17:16.710
been a whole evolution since 1980 with regard

00:17:16.710 --> 00:17:19.930
to their state's steel ideas from each other

00:17:19.930 --> 00:17:22.009
in terms of legislation and everything else like

00:17:22.009 --> 00:17:24.269
that. Some things I think were just unique to

00:17:24.269 --> 00:17:26.269
Missouri, but I know other things where this

00:17:26.269 --> 00:17:28.490
worked in so -and -so. Why aren't we thinking

00:17:28.490 --> 00:17:31.410
this? In these days, I have to believe that doing

00:17:31.410 --> 00:17:34.329
anything in our legislature to change anything

00:17:34.329 --> 00:17:37.329
or to move anything is incredibly difficult these

00:17:37.329 --> 00:17:39.549
days. So I don't know that we could get something

00:17:39.549 --> 00:17:41.769
through the legislature these days only because

00:17:41.769 --> 00:17:44.349
of such a gridlock now. You did the order protection

00:17:44.349 --> 00:17:49.559
docket, and then you've done divorces? I did

00:17:49.559 --> 00:17:52.099
dissolutions of marriage custody, paternity,

00:17:52.299 --> 00:17:55.339
juvenile cases, family law. Just the family law

00:17:55.339 --> 00:17:57.279
DACA because I was a family court commissioner

00:17:57.279 --> 00:18:00.980
and that's my assignment. And you also led the

00:18:00.980 --> 00:18:03.160
Independence Coordinator Community Council for

00:18:03.160 --> 00:18:05.039
I don't know how many years, a long time. About

00:18:05.039 --> 00:18:09.299
20 years, which was made up of law enforcement,

00:18:09.579 --> 00:18:11.759
misnouns advocates, children's division, the

00:18:11.759 --> 00:18:14.380
school district, probation and parole, prosecutors,

00:18:14.559 --> 00:18:17.119
judges were come together and talk about what

00:18:17.119 --> 00:18:21.339
we're seeing as trends or gaps in systems. You've

00:18:21.339 --> 00:18:24.250
successfully led that for 20 years. I have a

00:18:24.250 --> 00:18:26.390
story way before there was ever the coordinated

00:18:26.390 --> 00:18:29.470
community council and when Sue else was head

00:18:29.470 --> 00:18:32.170
of Hope house many many years ago and she and

00:18:32.170 --> 00:18:35.230
I I think somebody else met with the then police

00:18:35.230 --> 00:18:38.130
chief in Blue Springs and this is many many many

00:18:38.130 --> 00:18:40.829
years ago and he said well I really don't know

00:18:40.829 --> 00:18:42.589
why you're here because we don't have domestic

00:18:42.589 --> 00:18:46.250
violence in Blue Springs okay I wonder what chief

00:18:46.250 --> 00:18:47.869
would think about that today oh you're right

00:18:47.869 --> 00:18:49.630
right because the chief from Blue Springs now

00:18:49.630 --> 00:18:53.289
is extremely supportive and I know And that's

00:18:53.289 --> 00:18:55.750
the thing about the coordinated community council.

00:18:55.930 --> 00:18:58.509
And there are many of these all over the country.

00:18:58.569 --> 00:19:01.390
But the fact that I do this, but I'm in my small

00:19:01.390 --> 00:19:04.490
little cubby hole and somebody does this, frankly,

00:19:04.569 --> 00:19:07.190
we would talk about trends. We would talk about

00:19:07.190 --> 00:19:09.730
this. Sometimes I would find out things that

00:19:09.730 --> 00:19:11.869
I thought, wow, why is that going on? And maybe

00:19:11.869 --> 00:19:14.710
if I could say something to somebody, maybe it

00:19:14.710 --> 00:19:16.970
got fixed or do you know about this or anything

00:19:16.970 --> 00:19:19.390
else like that? Because we all are in our own

00:19:19.390 --> 00:19:22.720
lane sort of, and that is the value. of having

00:19:22.720 --> 00:19:26.119
something like that. And now I hope it goes on.

00:19:26.279 --> 00:19:29.119
And that continues because I think now more than

00:19:29.119 --> 00:19:31.839
ever, there needs to be involvement. And I would

00:19:31.839 --> 00:19:34.420
hope that our new prosecutor might be persuaded

00:19:34.420 --> 00:19:37.160
to come to a meeting or two. Yes. Yes, Melissa

00:19:37.160 --> 00:19:39.960
Johnson has been actually to a couple meetings.

00:19:40.140 --> 00:19:42.900
And a couple of our events as well. Yeah. So

00:19:42.900 --> 00:19:45.579
she seems to be, I like her motto, change your

00:19:45.579 --> 00:19:49.740
life or we'll change it for you. Let's go. Okay.

00:19:49.880 --> 00:19:52.039
Yeah. But I think you're right. Your point on

00:19:52.039 --> 00:19:53.420
the Cournot Community Council, right? Everyone

00:19:53.420 --> 00:19:55.779
was so siloed. This domestic violence isn't just

00:19:55.779 --> 00:19:57.519
Hope House's problem or the police problem or

00:19:57.519 --> 00:19:59.680
the court problem. Getting everybody at the table

00:19:59.680 --> 00:20:03.019
really opened up not only avenues for conversations,

00:20:03.119 --> 00:20:04.880
but respect for each other's and the jobs that

00:20:04.880 --> 00:20:07.099
were due, which I know I could see there was

00:20:07.099 --> 00:20:09.839
like a huge shift. Different people have rotated

00:20:09.839 --> 00:20:13.279
on that there was a different ownership of what

00:20:13.279 --> 00:20:15.339
the Cournot Community Council meant. Wasn't just

00:20:15.339 --> 00:20:17.619
another meeting to show up at. It was, right?

00:20:17.660 --> 00:20:20.059
We sometimes had really hard conversations. Yeah,

00:20:20.059 --> 00:20:22.019
we did. have some difficult conversations. We

00:20:22.019 --> 00:20:24.119
did, but we also all walked out knowing that

00:20:24.119 --> 00:20:26.619
we respected each other and sometimes hard conversations

00:20:26.619 --> 00:20:28.700
is where we grow. But things like somebody have

00:20:28.700 --> 00:20:31.140
a better understanding because on and off there

00:20:31.140 --> 00:20:33.740
have been participants from the children's division

00:20:33.740 --> 00:20:37.039
and maybe those cases up in juvenile court maybe

00:20:37.039 --> 00:20:39.700
they don't but it's all part and parcel good

00:20:39.700 --> 00:20:42.039
for the police to hear something about because

00:20:42.039 --> 00:20:43.920
we all think this is how the police work this

00:20:43.920 --> 00:20:46.859
is how a caseworker works and during the pandemic

00:20:46.859 --> 00:20:49.299
times were so difficult. Oh yeah. We didn't meet

00:20:49.299 --> 00:20:51.470
for I don't remember probably a year probably

00:20:51.470 --> 00:20:54.829
but still to get back into that and to because

00:20:54.829 --> 00:20:58.230
my opinion is that the pandemic changed so many

00:20:58.230 --> 00:21:00.829
things and so many attitudes to maybe not for

00:21:00.829 --> 00:21:03.839
the better it was a way for each of us to hear

00:21:03.839 --> 00:21:06.980
a different perspective, which you don't see.

00:21:07.079 --> 00:21:08.799
I wouldn't want to be a police officer. I mean,

00:21:08.819 --> 00:21:11.900
that's an incredibly difficult job on anything

00:21:11.900 --> 00:21:14.920
these days, and there's clearly an uptick in

00:21:14.920 --> 00:21:17.339
domestic violence right now. I'm not in the game

00:21:17.339 --> 00:21:19.720
anymore, technically, just from what I read in

00:21:19.720 --> 00:21:23.099
terms of the murders and the relationship of

00:21:23.099 --> 00:21:27.059
DV2, the uptick in violence, too. For me, personally,

00:21:27.220 --> 00:21:30.119
there were just too many children involved in

00:21:30.119 --> 00:21:32.160
stories that you just read. in the paper and

00:21:32.160 --> 00:21:34.980
when I was on the bench and had access to things,

00:21:35.240 --> 00:21:37.779
it was like, wow. And so the question is, what

00:21:37.779 --> 00:21:40.940
Hope House does in terms of being a place of

00:21:40.940 --> 00:21:43.559
refuge, which is literally what it started out

00:21:43.559 --> 00:21:46.700
as, and now it has so many supporting programs,

00:21:46.759 --> 00:21:48.859
and there are other things, but I think we all

00:21:48.859 --> 00:21:50.680
know it will never be enough. You're right. Yeah,

00:21:50.680 --> 00:21:52.759
it'll never be enough. And I think that, again,

00:21:52.859 --> 00:21:54.700
just listening to you talk makes me kind of think

00:21:54.700 --> 00:21:56.920
back, like, over the years, how far we've come,

00:21:57.000 --> 00:22:00.180
but yet there's still so much to do. Yes. Yeah.

00:22:00.259 --> 00:22:03.140
So there's still a lot of work and grateful to

00:22:03.140 --> 00:22:05.119
everything that experiences our experiences.

00:22:05.420 --> 00:22:09.279
My concern these days is, as is everybody's funding,

00:22:09.339 --> 00:22:11.660
money, that kind of thing. It was never enough,

00:22:11.940 --> 00:22:15.519
and now it's just fundraising is difficult. Government

00:22:15.519 --> 00:22:17.880
funding, who knows what is happening, or will

00:22:17.880 --> 00:22:20.039
happen with that. I mean, what it took to get

00:22:20.039 --> 00:22:23.180
VAWA passed in the 90s, and now, I'm sorry, there

00:22:23.180 --> 00:22:25.019
are people in the government who act like there

00:22:25.019 --> 00:22:27.079
is no violence against women. Like we've gone

00:22:27.079 --> 00:22:29.799
back 30 years. Well, in many respects, obviously

00:22:29.799 --> 00:22:32.839
we have, but that's a whole nother topic. So

00:22:32.839 --> 00:22:36.559
talking about family law, about custody. Of course

00:22:36.559 --> 00:22:39.339
we're talking about pre and post the statute.

00:22:39.420 --> 00:22:44.359
How was custody determined and prior to our guardian

00:22:44.359 --> 00:22:46.640
program, our supervised visitation here at Hope

00:22:46.640 --> 00:22:49.200
House, how has that changed? Well there's been

00:22:49.200 --> 00:22:51.519
a whole evolution of family law. I'm gonna be

00:22:51.519 --> 00:22:53.740
Professor Rosen here for a little bit. I love

00:22:53.740 --> 00:22:57.640
it. Before 1974 it was called divorce and custody

00:22:57.640 --> 00:23:01.039
was best interest and there was frankly a presumption

00:23:01.039 --> 00:23:03.380
that the woman was the better parent and mothers

00:23:03.380 --> 00:23:06.309
had custody. and father's head visitation. And

00:23:06.309 --> 00:23:10.490
then in 1974, 75, they passed what is the basis

00:23:10.490 --> 00:23:12.769
of our family law. And it was the dissolution

00:23:12.769 --> 00:23:15.690
of our jacket. So you didn't have to prove fault.

00:23:15.869 --> 00:23:17.549
You didn't have to prove adultery. You didn't

00:23:17.549 --> 00:23:19.609
have to prove this or that to get the divorce.

00:23:19.730 --> 00:23:22.089
All you had to say is that the marriage is irretrievably

00:23:22.089 --> 00:23:24.329
broken and cannot be preserved. But still there

00:23:24.329 --> 00:23:27.109
was the woman got custody. The husband didn't,

00:23:27.150 --> 00:23:29.509
we're not even talking about paternity cases.

00:23:29.710 --> 00:23:33.029
That's a whole nother story. Then statutes changed.

00:23:33.069 --> 00:23:35.589
and they talked about joint custody. And there's

00:23:35.589 --> 00:23:38.130
been a long evolution with regard to that. But

00:23:38.130 --> 00:23:42.009
specifically, I think it was 1998, they better

00:23:42.009 --> 00:23:44.890
define joint custody and joint legal custody.

00:23:45.009 --> 00:23:47.369
And the theory is that, and this shouldn't just

00:23:47.369 --> 00:23:49.369
be a legal theory, parents should work together.

00:23:49.509 --> 00:23:53.049
So best interests started to be defined as these

00:23:53.049 --> 00:23:55.869
eight factors. And one of the eight factors is

00:23:55.869 --> 00:23:57.710
whether or not there's been domestic violence.

00:23:57.789 --> 00:24:00.529
And that wasn't in there before. And so now courts,

00:24:00.690 --> 00:24:03.900
instead of just saying, easier than, oh I find

00:24:03.900 --> 00:24:05.660
it to be in the child's best interest blank blank

00:24:05.660 --> 00:24:08.859
blank blank blank. Now there is a full consideration

00:24:08.859 --> 00:24:11.940
of all these factors and how parents are supposed

00:24:11.940 --> 00:24:15.279
to communicate and DV being frankly one of the

00:24:15.279 --> 00:24:18.819
reasons not to. People think that there's a provision

00:24:18.819 --> 00:24:21.960
that it's 50 -50 custody. The statute talks about

00:24:21.960 --> 00:24:24.839
it being equal. We've come a long way from alternating

00:24:24.839 --> 00:24:27.759
weekends and things like that and better participation

00:24:27.759 --> 00:24:31.140
but one of the ways you overcome that presumption

00:24:31.140 --> 00:24:33.680
is a finding of domestic violence. So God loved

00:24:33.680 --> 00:24:36.779
the legislature within the last 10 years, saw

00:24:36.779 --> 00:24:39.640
that as a real basis for not doing those things.

00:24:39.740 --> 00:24:43.160
And things became more clear with regard to visitation.

00:24:43.200 --> 00:24:45.259
We don't call it visitation anymore. We call

00:24:45.259 --> 00:24:48.579
it parenting time, if it's a joint custody arrangement.

00:24:48.700 --> 00:24:51.400
But there are reasons to not have joint custody.

00:24:51.500 --> 00:24:53.900
And that's where it's called visitation. And

00:24:53.900 --> 00:24:56.500
that's where it might be supervised visitation,

00:24:56.559 --> 00:24:58.980
which is where, thank God, the Guardian Program

00:24:58.980 --> 00:25:00.940
comes in. Because before the Guardian Program,

00:25:00.720 --> 00:25:03.359
program, you would just say it's supervised by

00:25:03.359 --> 00:25:05.720
who, who would do it, that kind of thing. And

00:25:05.720 --> 00:25:08.940
this Guardian program provides a neutral setting

00:25:08.940 --> 00:25:12.960
for exchange. It provides, as it expanded over

00:25:12.960 --> 00:25:15.740
the years, it provided counseling services, that

00:25:15.740 --> 00:25:17.539
kind of thing. I always felt bad, though, when

00:25:17.539 --> 00:25:19.579
people from Hope House unfortunately got dragged

00:25:19.579 --> 00:25:22.539
into cases to testify about things. But the Guardian

00:25:22.539 --> 00:25:25.640
program has provided this incredible service,

00:25:25.640 --> 00:25:28.579
not just on custody cases, which can be in a

00:25:28.579 --> 00:25:32.089
dissolution or can be in paternity but even short

00:25:32.089 --> 00:25:34.970
-term orders under orders of protection and it's

00:25:34.970 --> 00:25:37.670
a real resource because some of the worst things

00:25:37.670 --> 00:25:40.950
you can do is to not have a relationship. Maybe

00:25:40.950 --> 00:25:44.009
it has to be regulated or supervised but the

00:25:44.009 --> 00:25:46.700
lack of the relationship is also a problem. I

00:25:46.700 --> 00:25:49.119
used to see people at their worst. There are

00:25:49.119 --> 00:25:52.259
some cases where maybe it just needs to be short

00:25:52.259 --> 00:25:55.720
term, that the volatility and maybe things can

00:25:55.720 --> 00:25:58.839
be done. A lot of these cases is permanent and

00:25:58.839 --> 00:26:00.559
there are a couple of times where in essence

00:26:00.559 --> 00:26:03.000
you almost gave the parental death penalty where

00:26:03.000 --> 00:26:05.480
they have no contact, but obviously there had

00:26:05.480 --> 00:26:08.359
been really terrible, terrible things that went

00:26:08.359 --> 00:26:11.660
on. When we talk about domestic violence, I think

00:26:11.660 --> 00:26:14.880
we interpret that as more physical abuse, but

00:26:14.880 --> 00:26:17.680
there's emotion. abuse, and you can't really

00:26:17.680 --> 00:26:20.059
order things dealing with that, but that's all

00:26:20.059 --> 00:26:23.160
part and parcel of this. Kids who witness or,

00:26:23.180 --> 00:26:25.599
God help us, unfortunately, subject to it. And

00:26:25.599 --> 00:26:28.400
those cases tend to unfortunately end up in juvenile

00:26:28.400 --> 00:26:31.039
court. But there was always a component, and

00:26:31.039 --> 00:26:32.859
those were the worst of the worst. Thank God

00:26:32.859 --> 00:26:35.099
for the Guardian Program. Again, about the Guardian

00:26:35.099 --> 00:26:37.740
Program, the reason why it really came, like

00:26:37.740 --> 00:26:39.700
you said, like who's going to do the visitation?

00:26:39.859 --> 00:26:43.220
So oftentimes it would say, okay, so the custodial

00:26:43.220 --> 00:26:45.299
parent will go do visitation at McDonald's. in

00:26:45.299 --> 00:26:47.359
the play area. I don't think they intended that.

00:26:47.359 --> 00:26:48.799
I know they didn't. When they put it in the play

00:26:48.799 --> 00:26:50.039
area, they didn't think that was going to happen.

00:26:50.180 --> 00:26:53.039
Yeah. Or, well yeah, my mother will supervise

00:26:53.039 --> 00:26:56.460
it, but not great. Right. Or the parties will

00:26:56.460 --> 00:26:59.180
coordinate with each other as to who will be

00:26:59.180 --> 00:27:02.319
the supervisor. Excuse me, the reason that supervise

00:27:02.319 --> 00:27:04.400
is because there's probably an order of protection.

00:27:04.579 --> 00:27:06.640
We all do the best we can. There aren't a lot

00:27:06.640 --> 00:27:09.339
of tools. There aren't a lot of resources. And

00:27:09.339 --> 00:27:12.259
the Guardian Program became an amazing resource,

00:27:12.359 --> 00:27:15.819
if only to be without them being there for a

00:27:15.819 --> 00:27:19.039
couple of hours to visit just as a safe exchange

00:27:19.039 --> 00:27:21.680
place because I mean you're right McDonald's

00:27:21.680 --> 00:27:24.160
and Quick Trips right you know let's let's exchange

00:27:24.160 --> 00:27:26.680
the kids there who knew right right you're in

00:27:26.680 --> 00:27:29.059
a public place and so that was right that was

00:27:29.059 --> 00:27:31.099
the best something won't happen in a public place

00:27:31.099 --> 00:27:33.740
exactly oh my goodness who knew right exactly

00:27:33.740 --> 00:27:36.059
which is which is really why we started looking

00:27:36.059 --> 00:27:38.079
for that funding for the guardian program for

00:27:38.079 --> 00:27:41.039
the supervised visitation and exchanges the whole

00:27:41.039 --> 00:27:43.019
intent in the beginning was to keep everybody

00:27:43.019 --> 00:27:45.470
safe But kind of what you just said is we saw

00:27:45.470 --> 00:27:48.970
as time went on that those kids at the program

00:27:48.970 --> 00:27:51.130
with the non -offending parent has that time

00:27:51.130 --> 00:27:53.470
to be with the parent and just be a kid because

00:27:53.470 --> 00:27:56.089
we didn't have any adult talking. We're not.

00:27:56.589 --> 00:27:59.390
Nope. We're here to be a kid and that to see

00:27:59.390 --> 00:28:02.009
the growth in those children from who first time

00:28:02.009 --> 00:28:04.309
coming in would be terrified. They'd be sitting

00:28:04.309 --> 00:28:05.990
on the police officer's lap. They've never seen

00:28:05.990 --> 00:28:08.170
before before they'd be over with their dad or

00:28:08.170 --> 00:28:10.130
their mom, whoever was the visiting parent. And

00:28:10.130 --> 00:28:13.210
then now to see time go on. program yeah we want

00:28:13.210 --> 00:28:14.990
to keep everybody safe because that's what we

00:28:14.990 --> 00:28:17.690
wanted it really is expanded like I guess maybe

00:28:17.690 --> 00:28:20.029
an aha moment my own eyes of wow there was a

00:28:20.029 --> 00:28:21.970
lot more to this but that we just wanted everybody

00:28:21.970 --> 00:28:23.390
safe in the beginning sounds like kind of like

00:28:23.390 --> 00:28:25.289
with the adult abuse law to get the groundwork

00:28:25.289 --> 00:28:27.710
of finding something to put in place and then

00:28:27.710 --> 00:28:30.569
kind of it's changed over time and I don't know

00:28:30.569 --> 00:28:33.750
that everybody who orders it knows about all

00:28:33.750 --> 00:28:36.789
the services that get provided so it just turns

00:28:36.789 --> 00:28:39.369
out to be a bonus I was in it I knew it I work

00:28:39.369 --> 00:28:42.619
with Hope House it becomes a bonus Yeah, it really

00:28:42.619 --> 00:28:44.740
is. It is. There's a lot of great things that

00:28:44.740 --> 00:28:48.220
come from that. I am excited to talk about one

00:28:48.220 --> 00:28:51.019
of the most prestigious awards that we give.

00:28:51.299 --> 00:28:54.160
Barbara Potts was the first female mayor of Independence

00:28:54.160 --> 00:28:57.119
and she's the one who started Hope House and

00:28:57.119 --> 00:29:00.299
she called a meeting and off we went. So each

00:29:00.299 --> 00:29:03.420
year we recognize somebody who has been a partner

00:29:03.420 --> 00:29:06.099
with Hope House over the years and this year

00:29:06.099 --> 00:29:08.220
it is Commissioner Rosen who will be getting

00:29:08.220 --> 00:29:11.140
the Barbara Potts award at our gala in Oh, I

00:29:11.140 --> 00:29:13.880
get so very excited to be able to do that. It's

00:29:13.880 --> 00:29:16.380
a great honor and up to my retirement. I mean,

00:29:16.380 --> 00:29:18.579
I received a number of awards and things like

00:29:18.579 --> 00:29:21.220
that. This is almost penultimate, but it's also

00:29:21.220 --> 00:29:24.720
feels like full circle. Yeah, absolutely. Way

00:29:24.720 --> 00:29:27.279
before you came on board and there's still the

00:29:27.279 --> 00:29:30.039
Jackson County. It divides up the filing fees

00:29:30.039 --> 00:29:33.440
on cases among the shelters. So we had to go

00:29:33.440 --> 00:29:37.420
and visit each shelter. Hope House was this ramshackle

00:29:37.420 --> 00:29:40.299
building and it was put together on a shoestring.

00:29:40.079 --> 00:29:43.940
to see where things have come. The Adult Abuse

00:29:43.940 --> 00:29:46.319
Act was in place, but there weren't places for

00:29:46.319 --> 00:29:49.400
women to go and with their children. And now

00:29:49.400 --> 00:29:52.119
people are dealing with issues of the pets and

00:29:52.119 --> 00:29:54.299
everything like that, just the progression of

00:29:54.299 --> 00:29:56.259
that. So to think that there have been a number

00:29:56.259 --> 00:29:58.640
of important people who have done a lot of things.

00:29:58.900 --> 00:30:00.740
But when Eileen told me I was getting this, I'm

00:30:00.740 --> 00:30:03.079
usually not stumped for words, but I think my

00:30:03.079 --> 00:30:05.319
mouth was open. It's an honor, but yeah, it feels

00:30:05.319 --> 00:30:07.660
full circle. And you're very modest at that out

00:30:07.660 --> 00:30:10.210
there as well when you talk about abuse law and

00:30:10.210 --> 00:30:11.890
the case you argued and you didn't do this alone

00:30:11.890 --> 00:30:13.849
and no you're right you didn't do it alone but

00:30:13.849 --> 00:30:16.349
you were a trailblazer to make it happen in your

00:30:16.349 --> 00:30:19.230
piece just as Barbara Potts she was a trailblazer

00:30:19.230 --> 00:30:21.369
to this happen you know hope house happened that

00:30:21.369 --> 00:30:23.589
you're a perfect fit for that award well I'm

00:30:23.589 --> 00:30:26.250
honored in the Jewish faith we talk about Tikim

00:30:26.250 --> 00:30:29.230
Olo which means to repair the world and so if

00:30:29.230 --> 00:30:32.170
we all can do that in a little space then that's

00:30:32.170 --> 00:30:33.849
what we're charged with doing Commissioner Rosen

00:30:33.849 --> 00:30:36.769
thank you so much for coming on today it's just

00:30:36.769 --> 00:30:38.730
been an honor been an honor thank you Thanks

00:30:38.730 --> 00:30:39.210
so much.
