Retired judges oppose ballot measure to limit adoptions
Posted on Tuesday, October 7, 2008
A Nov. 4 ballot measure that would ban unmarried, cohabiting adults from adopting or becoming foster parents would limit the ability of judges to find good homes for vulnerable children, a group of retired judges said Monday.
“The choices available to neglected and abused children and to the judges who must find homes for them are already tragically limited by the children’s circumstances. Instead of imposing a blanket rule that would apply to every case, the needs of these children, and the best means of satisfying their needs, should be left to elected judges to decide case-by-case,” said a statement issued by the judges, three of them former chief justices of Arkansas.
David Newbern, a retired associate justice of the Arkansas Supreme Court, listed on the release as the contact person, said the statement speaks for itself. He declined further comment on the substance of the statement.
A supporter of the ballot measure labeled the judges ’ statement as “hypocrisy.”
John Thomas, vice president of the Arkansas Family Council, said the Department of Human Services already places restrictions on who can adopt and foster children without any complaint from the bench.
“Where were the judges when the Legislature restricted smokers from being foster parents ? I didn’t see anybody complaining, and that removes 25 percent of the state,” Thomas said.
Aside from Newbern, the list of signees includes ex-chief justices — W. H. “Dub” Arnold, Jack Holt Jr. and Bradley D. Jesson — as well as former Court of Appeals judges Andree Roaf, Judith W. Rogers, John F. Stroud and Olly Neal, and retired associate Supreme Court Justices Steele Hays and Tom Glaze.
Jesson and Newbern also served the Supreme Court more recently as special masters who compiled information for the court on the steps the state had taken to comply with the high court’s order to increase funding for public schools to a level the court would deem adequate.
Thirteen judges signed the statement.
Newbern said he had been approached by Sam Ledbetter, a former state representative and Little Rock attorney, to sign the statement. Newbern said he participated in the editing process.
Ledbetter said he had opposed a ban when it came up during his time in the Legislature and the idea had been “a collective thought” among opponents to the ballot measure to approach retired judges.
Newbern emphasized that the statement didn’t apply to a current practice of banning cohabiting, unmarried adults from being foster parents.
That three-year-old directive is in the process of being formalized and was opposed by 18 of 20 speakers at a hearing last week.
Department officials will likely announce their decision to keep or discard the rule later this month.
Gov. Mike Beebe hasn’t announced his position on the Human Services Department ban but has said he opposes the ballot measure because it “goes too far” by imposing the same ban on those who would adopt children. The governor also said last week that the shortage of foster homes — about 1, 100 for an average of 3, 700 foster children — is causing him to reconsider his previous position opposing unmarried couples from fostering.
Other signers were: Robin L. Mays, retired Pulaski County Chancery Judge; John Plegge, retired Pulaski County Circuit Judge; Edward Thomas Smitherman, retired Garland County Circuit Judge.
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