I have continuously kept you informed about what we are experiencing. And, as our state senator, we turn to you for some sense of relief and support. Perhaps we can find some common ground as fellow Marines and seek ways toward meaningful progress.
I received a Notice in Lieu of Summons to appear in court, my wife received no notice but went with me as a concerned parent. We went to court on May 5, 2011 to address an unwarranted truancy charge, which had been filed against our son by Deputy, Douglas County Attorney Jordan Boler. Our son had missed 20 days of school, but he was never "truant" from school or home. As his parent, I had given my permission for him to be absent.
We did not bring our son to court for legitimate reasons, but primarily because he had no legal obligation to be there. He is entitled by statute, as noted in the Notice in Lieu of Summons he received, to have a Summons served upon him and then a 72 hours period before he is required to appear in court. Judge Crnkovich had a different opinion, and in her agitation, she decided to have us arrested. My wife and I were handcuffed, like criminals, and we spent the day in jail.
As we were held in jail, (what I claim to be) a false and misleading affidavit was drafted by NDHHS's Initial Assessment Unit using information from a CPS Hotline call and delivered to the Douglas County Attorney’s Office. A deputy county attorney, again Jordan Boler, then used that affidavit to move the Court to approve immediate custody of our son. The petition stated that removal of our son was “a matter of immediate and urgent necessity for the protection of said child”. Of course, this wasn't true and in fact our daughter also named in the affidavit was not removed. This action by the Court, Douglas County Attorney’s Office and NDHHS was in its purest form a collaboration to punish my wife and I (clearly outside of the law) for standing up for our rights and for insisting our son was not “truant” and that we be given an opportunity to prove it to the Court.
This action serves only to add a layer of bureaucracy to the testimony that could be offered by the witnesses I name from both the NDHHS and County Attorney’s Office. With these records sealed, their testimony may never be heard by the Commission. My son gains nothing by sealing these records. He hasn’t been convicted of any crimes, status offences or any other unlawful activities. He has not entered any diversion, mediation, probation, supervision, or other treatment or rehabilitation program in lieu of being charged with anything. He has never failed to appear in court, and has nothing to hide.