Boyer v. Jeremiah
- Filed: 04/30/2007
- Status: Closed
- Latest Update: Apr 30, 2007
A class-action lawsuit charging that the state’s truancy court system is devoid of due process protections in violation of state and federal law. Filed in the Rhode Island Superior Court against a number of state family court judges and officials of six school districts including Providence, the lawsuit charged that the truancy courts are frequently punitive in nature, and that truancy court magistrates threaten vulnerable children and their parents with baseless fines and imprisonment, remove children from the custody of their parents without legal justification and fail to keep adequate records of court hearings. The lawsuit also charged that the court system disproportionately impacts children who have difficulty attending school or doing their schoolwork because of special education or medical needs.
The lawsuit sought a preliminary injunction requiring an initial investigation of truancy charges before petitions are filed; the transcribing or reporting of all truancy court proceedings; and that the court be barred from issuing orders against students and parents over whom it has no jurisdiction. The lawsuit also sought final declaratory and injunctive relief requiring that court and school officials abide by federal state and constitutional and state statutory law.
Dec 12, 2012
State Supreme Court Rules Truancy Lawsuit Moot While Acknowledging Constitutional Rights of Families
The R.I. Supreme Court today dismissed as moot a lawsuit the ACLU filed in 2010, challenging various Truancy Court practices. In doing so, the Court acknowledged many of the constitutional claims the ACLU had raised, but ruled they were obviated when Family Court Chief Haiganush Bedrosian, after the suit was filed, issued an administrative order establishing various new rules for truancy court proceedings.
Nov 02, 2010
ACLU Sues More School Districts in Truancy Court Lawsuit
Just weeks after R.I. Superior Court Judge William Carnes denied a motion by Family Court Judges to dismiss the ACLU’s class-action lawsuit challenging various Truancy Court practices and procedures, the ACLU has amended its complaint in the case, adding four new school districts as defendants - East Providence, South Kingstown, Burrillville and Smithfield.
Oct 08, 2010
Judge Denies Motion to Dismiss Truancy Court Lawsuit
In an important procedural ruling, R.I. Superior Court Judge William Carnes today denied a motion by Family Court Judges to dismiss the ACLU’s class-action lawsuit challenging various Truancy Court practices and procedures. In a 67-page opinion, the Judge found there was a sufficient basis for the ACLU to begin limited discovery against the defendants in the lawsuit. In the meantime, the Judge called on the parties to assist with a schedule to keep the case on track.
Aug 02, 2010
Professors of Legal Ethics File Brief Opposing Judges' Efforts to Oust Lawyers in Truancy Court Case
From law schools across the nation, twenty professors of legal ethics today filed a “friend of the court” brief opposing efforts by former Chief Judge Jeremiah S. Jeremiah and the Family Court magistrates that preside over Truancy Court proceedings, to remove two National ACLU attorneys from a lawsuit challenging the legality of various Truancy Court practices. The defendants have claimed that the exercise of free speech rights by the attorneys, Robin Dahlberg and Yelena Konanova, by holding a press conference to describe their clients’ claims, constituted “reckless professional misconduct,” and that they should not be permitted to appear in the Rhode Island courts. But the law professors’ brief argues that their public comments constituted “core political speech protected by the First Amendment” and were permitted under the Rhode Island Rules of Professional Conduct for attorneys. The law professors argued that granting the defendants' motion would unconstitutionally “chill the robust debate necessary for democratic governance.”
Jun 28, 2010
ACLU Challenges Judges' Attempt to "Gag" Lawyers In Truancy Court Case
In court papers released today, the ACLU has fired back at attempts by Family Court Chief Judge Jeremiah Jeremiah and the state’s Truancy Court magistrates to remove two National ACLU attorneys from a lawsuit challenging the legality of various Court practices, based on the attorneys’ exercise of their free speech rights. The judges have claimed that National ACLU attorneys Robin Dahlberg and Yelena Konanova engaged in “reckless professional misconduct” by publicly commenting about the lawsuit at the time it was filed, but the ACLU calls the judges’ effort “nothing more than a heavy-handed attempt to stifle the kind of criticism of governmental activities inherent in our democratic system.”
May 13, 2010
Woonsocket Education Department Agrees To Stop Sending Children To Unlawfully Operated Rhode Island
The Woonsocket Education Department has agreed to stop sending children to Rhode Island’s unlawfully operated truancy court system and to end its participation in the program completely. The agreement follows a pending class-action lawsuit filed in March by the American Civil Liberties Union and the ACLU of Rhode Island charging that the state’s truancy court system is devoid of due process protections for children in violation of state and federal law.
Apr 30, 2007
ACLU Brief Challenges Legality of Truancy Courts
The Rhode Island ACLU has asked the R.I. Supreme Court to review an appeal that raises fundamental questions about the legality of the procedures used by so-called “truancy courts” that have sprung up across the state in recent years. The ACLU brief filed in the case argues that essential due process safeguards are absent from the operation of these courts.
Related News & Podcasts
Dec 12, 2012
State Supreme Court Rules Truancy Lawsuit Moot While Acknowledging Constitutional Rights of Families
The R.I. Supreme Court today dismissed as moot a lawsuit the ACLU filed in 2010, challenging various Truancy Court practices. In doing so, the Court acknowledged many of the constitutional claims the ACLU had raised, but ruled they were obviated when Family Court Chief Haiganush Bedrosian, after the suit was filed, issued an administrative order establishing various new rules for truancy court proceedings.
Nov 02, 2010
ACLU Sues More School Districts in Truancy Court Lawsuit
Just weeks after R.I. Superior Court Judge William Carnes denied a motion by Family Court Judges to dismiss the ACLU’s class-action lawsuit challenging various Truancy Court practices and procedures, the ACLU has amended its complaint in the case, adding four new school districts as defendants - East Providence, South Kingstown, Burrillville and Smithfield.
Oct 08, 2010
Judge Denies Motion to Dismiss Truancy Court Lawsuit
In an important procedural ruling, R.I. Superior Court Judge William Carnes today denied a motion by Family Court Judges to dismiss the ACLU’s class-action lawsuit challenging various Truancy Court practices and procedures. In a 67-page opinion, the Judge found there was a sufficient basis for the ACLU to begin limited discovery against the defendants in the lawsuit. In the meantime, the Judge called on the parties to assist with a schedule to keep the case on track.
Aug 02, 2010
Professors of Legal Ethics File Brief Opposing Judges' Efforts to Oust Lawyers in Truancy Court Case
From law schools across the nation, twenty professors of legal ethics today filed a “friend of the court” brief opposing efforts by former Chief Judge Jeremiah S. Jeremiah and the Family Court magistrates that preside over Truancy Court proceedings, to remove two National ACLU attorneys from a lawsuit challenging the legality of various Truancy Court practices. The defendants have claimed that the exercise of free speech rights by the attorneys, Robin Dahlberg and Yelena Konanova, by holding a press conference to describe their clients’ claims, constituted “reckless professional misconduct,” and that they should not be permitted to appear in the Rhode Island courts. But the law professors’ brief argues that their public comments constituted “core political speech protected by the First Amendment” and were permitted under the Rhode Island Rules of Professional Conduct for attorneys. The law professors argued that granting the defendants' motion would unconstitutionally “chill the robust debate necessary for democratic governance.”
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