Custody of the State

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Authors: Craig Parshall
defects—”
    But Will was interrupted by the judge. “Oh, now don’t lecture me on the law of criminal jurisdiction, Mr. Chambers. Before we get down to the nitty-gritty legalities of the situation—you’re asking this court to permit you to practice here in Georgia for purposes of this case?”
    â€œThat’s right. I filed my motion for admission, which has been endorsed by Alexander Armstrong, former Chief Justice of the Georgia Supreme Court and presently the president of the Georgia Bar Association.”
    â€œI know who Mr. Armstrong is, counselor. He and I just had dinner together at the state bar meeting not three weeks ago,” the judge said. “So let’s not get off on that.” He paused for a few seconds, eyeing Will.
    The judge turned to the other two lawyers.
    â€œAny objections to Mr. Chambers’ motion?”
    â€œNo objection,” Harry Putnam snapped out, then sat down.
    â€œMs. Bender?”
    Harriet Bender rose slowly.
    â€œAs guardian ad litem for the minor child, I take no position on Mr. Chambers being admitted. However, if I get a whiff of any funny business from out-of-state counsel that interferes with the best interests of my client—Joshua Fellows—I will be back in this courtroom in a heartbeat. And Mr. Chambers,” and with that she turned to face Will, “this court knows that I will tolerate no attorney who takes any action that impedes my representation of my children.”
    The judge smiled. “Mr. Chambers, Ms. Bender is one of our best attorneys ad litem for minor children. This court knows well how she represents them with the kind of zeal that a mother bear would show for her little cubs.”
    Will decided not to comment on that metaphor, and he nodded politely. Though he couldn’t help thinking that the part of the mother bear had already been cast in this drama—and Mary Sue Fellows was the one playing it.
    â€œOn the criminal case number 04-CR-169, Mr. Chambers, is your client here?”
    â€œNo, Your Honor.”
    â€œWhy not?”
    â€œTo divulge that would be to reveal attorney–client confidences—which my client has not authorized me to do.”
    The judge tapped both hands on the bench like he was playing a bongo drum. When he finished he addressed Will again.
    â€œDo you know where she and little Joshua are?”
    â€œI can candidly say that I don’t know where they are. But even if I did, I would probably not be able to reveal that based on my ethical duty to preserve client confidences—”
    â€œYou seem to be singing the same song again, Mr. Chambers. I’m hearing a broken record. If this isn’t live—then it must be Memorex…”
    Putnam and Bender were chuckling.
    â€œLet’s hear something new,” the judge said impatiently. “Like this—when can this court expect Ms. Fellows to be present with you in court so we can take a plea—and proceed with this criminal case?”
    â€œI’m not sure, Your Honor. If Mr. Putnam would see clear to dismiss these charges—or at least file a nolle prosequi—I am fairly confident that I could produce Mary Sue Fellows, and the prosecution and I could then discuss getting to the truth—”
    Putnam jumped up, his arms flailing.
    â€œThe State of Georgia will not be dismissing these charges, Your Honor. As the court knows from the ex parte hearing we held in closed chambers before opposing counsel got here, this is a very serious case. You will recall the substantial evidence of child abuse that we have already presented.”
    â€œEx parte hearing?” Will asked incredulously.
    â€œYes,” the judge said, “our code does permit that. Section 9-27-315 specifically authorizes an emergency hearing without attendance by the parent or her counsel—and even without notice to them—in order to transfer custody of the child—”
    â€œYour

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