An Educated Decision: Letter to Judge Rucker


Seventh Administrative Judicial Region Sixth Administrative Judicial Region Matthew Blair Associate Judge February 12, 2008 Hon. Dean Rucker, Presiding Judge Seventh Administrative Judicial Region Midland County Courthouse Midland, Texas 79701 Re: Value of Continuing Judicial Education Dear Judge Rucker, I wanted to relay to you an anecdote regarding the value of the continuing judicial education that I receive as an associate judge. I was fortunate to be able to attend the Judicial Family Violence Seminar held in Galveston in 2005. Included in the presentations was a lecture by a forensic pediatrician, detailing and explaining the nature of injuries common in child abuse cases. The most shocking part was an actual security camera video of a baby being severely beaten by the mother's boyfriend. After viewing the video, all of the judges present would have agreed that summary execution of the perpetrator would have been too lenient. The doctor went on to describe the telltale patterns of other injuries such as scalding, blunt trauma and Shaken Baby Syndrome. It is the latter injury that came to my attention not more than three months later. The doctor had explained that the injuries to a child must be consistent with the proffered explanation. While a skinned nose and forehead are consistent with a fall while running, a fractured skull is not consistent with falling off the couch. An explanation inconsistent with the injury is an indication of child abuse. I was hearing an Original Petition in Suit Affecting the Parent-Child Relationship. The child was approximately a year old. The mother had possession of the child and was living with a man, not the child's father. The biological father was present and was requesting the right to be named as the Joint Managing Conservator to determine primary residence. Upon examining the file I noticed that there had been a CPS investigation when the child was three months old that did not result in any court filing. The child had been left with the mother by agreement. Medical records had been attached. During the hearing, evidence was adduced that the child was lethargic, undersized for her age, had some bruising and that CPS was again beginning an investigation. As I reviewed the medical records, I noticed particular kinds of documented injuries: apparent broken ribs near the sternum, flexion injuries to the neck. When coupled with the later testimony it became immediately apparent to me, as a direct result of the training I received, that the child was very possibly a victim of Shaken Baby Syndrome. I placed the child with her father, with only supervised contact with the mother and notified CPS. I was incredulous that no one had picked up on this prior to me, but then again, I had only recently been taught what to look for. I value greatly the training provided to associate judges and the quality of the programs generally offered. As associate judges we make decisions everyday regarding conservatorship, possession and access and other matters that profoundly affect the lives of young children for many years, including those years when they are most vulnerable to abuse and other hazards. It was helpful then and would be so in the future to also be allowed to participate more often in the training provided generally to judges in the state. Very truly yours, Matthew Blair

	We’re happy to present our readers with this special letter to the Honorable Dean Rucker from Associate Judge Matthew Blair in Midland, Texas. It’s extremely gratifying to the Curriculum Committee and the staff of the Texas Center to know how the training we provide helps judges do their jobs and how the communities they serve are affected so positively by it. We know many of you have stories of similar magnitude, and we’d like to hear from you. How has the judicial training you received from the Texas Center served you on the bench? What outcomes were changed because you were able to use the information you gained from one of our programs? Let us know by clicking here. Back to top

Seventh Administrative Judicial Region
Sixth Administrative Judicial Region
Matthew Blair
Associate Judge

February 12, 2008

Hon. Dean Rucker, Presiding Judge
Seventh Administrative Judicial Region
Midland County Courthouse
Midland, Texas 79701

Re: Value of Continuing Judicial Education

Dear Judge Rucker,

I wanted to relay to you an anecdote regarding the value of the continuing judicial education that I receive as an associate judge. I was fortunate to be able to attend the Judicial Family Violence Seminar held in Galveston in 2005. Included in the presentations was a lecture by a forensic pediatrician, detailing and explaining the nature of injuries common in child abuse cases. The most shocking part was an actual security camera video of a baby being severely beaten by the mother's boyfriend. After viewing the video, all of the judges present would have agreed that summary execution of the perpetrator would have been too lenient. The doctor went on to describe the telltale patterns of other injuries such as scalding, blunt trauma and Shaken Baby Syndrome. It is the latter injury that came to my attention not more than three months later.

The doctor had explained that the injuries to a child must be consistent with the proffered explanation. While a skinned nose and forehead are consistent with a fall while running, a fractured skull is not consistent with falling off the couch. An explanation inconsistent with the injury is an indication of child abuse.

I was hearing an Original Petition in Suit Affecting the Parent-Child Relationship. The child was approximately a year old. The mother had possession of the child and was living with a man, not the child's father. The biological father was present and was requesting the right to be named as the Joint Managing Conservator to determine primary residence. Upon examining the file I noticed that there had been a CPS investigation when the child was three months old that did not result in any court filing. The child had been left with the mother by agreement. Medical records had been attached. During the hearing, evidence was adduced that the child was lethargic, undersized for her age, had some bruising and that CPS was again beginning an investigation.

As I reviewed the medical records, I noticed particular kinds of documented injuries: apparent broken ribs near the sternum, flexion injuries to the neck. When coupled with the later testimony it became immediately apparent to me, as a direct result of the training I received, that the child was very possibly a victim of Shaken Baby Syndrome. I placed the child with her father, with only supervised contact with the mother and notified CPS. I was incredulous that no one had picked up on this prior to me, but then again, I had only recently been taught what to look for.

I value greatly the training provided to associate judges and the quality of the programs generally offered. As associate judges we make decisions everyday regarding conservatorship, possession and access and other matters that profoundly affect the lives of young children for many years, including those years when they are most vulnerable to abuse and other hazards. It was helpful then and would be so in the future to also be allowed to participate more often in the training provided generally to judges in the state.

Very truly yours,

Matthew Blair

We’re happy to present our readers with this special letter to the Honorable Dean Rucker from Associate Judge Matthew Blair in Midland, Texas.

It’s extremely gratifying to the Curriculum Committee and the staff of the Texas Center to know how the training we provide helps judges do their jobs and how the communities they serve are affected so positively by it.

We know many of you have stories of similar magnitude, and we’d like to hear from you. How has the judicial training you received from the Texas Center served you on the bench? What outcomes were changed because you were able to use the information you gained from one of our programs?

Let us know by clicking here.