By
Moniqua Lane
Justice, it is said, is blind, and sometimes that blindness makes it callous. Earlier this week, Maricopa County Juvenile Court Presiding Judge Maurice Portly ruled that he did not have the jurisdiction to block a Wisconsin judge's order to bring a teen-aged girl back to the state for court proceedings. Yesterday, the girl was ordered back to Wisconsin. When put so dryly, the case seems open and shut. Once, however, the details of the case are revealed, it becomes plain that this young girl should be allowed to remain in Arizona.
Fourteen-year old Stephanie Ray is not a runaway teen wandering the streets of Phoenix looking for trouble. She is not a criminal who jumped bail in Wisconsin, fleeing to Arizona in hopes of avoiding extradition. Stephanie is a teen-aged girl who came to Arizona to visit an aunt and, upon discovering that her health improved while visiting, decided she wanted to remain.
Stephanie's mother died from an AIDS related illness when Stephanie was five, and one of the things she left her daughter was AIDS. She also left her daughter in the care of her negligent father, whose alcoholism has caused Stephanie to be placed in a foster home in Wisconsin. There are court records which show that her father, Robert Ray, lost custody of her due to alcoholism and neglect.
But still, Stephanie's story gets more complex. Her foster mother happens to be her father's ex-girlfriend and former employer. The issues that still remain between those two stress Stephanie and exacerbate her illness. Stephanie explained to Judge Portly in a letter, "There are lots of issues with her and my dad, and I always end up in the middle of it. In Phoenix, I am happy and healthy. But, in Wisconsin, I get sick over all the stress."
The legal proceedings in Wisconsin are to decide who should have custody of Stephanie, her father or her foster mother. Her aunt, with whom she would like to stay, is apparently not an option. Typically, in these cases, a court considers what would be in the best interest of the child and with whom the child would like to stay. Stephanie, who has repeatedly tried through the legal system to be removed from her foster home, has already made her preference clear.
Her attorney, Jennifer Shick, says, "As long as Stephanie continues to say she wants to be here, we're going to exhaust every resource in this. This is stressful for her. But that stress is generated by the possibility of returning to Wisconsin to her foster mother and/or her father."
The question that remains to be answered, then, is whether it is in Stephanie's best interest to remain in Phoenix in the custody of her aunt. One piece of evidence in the "yes" column is the very reason Stephanie came to Arizona in the first place. She lived in Phoenix for four years to get treatment at a pediatric clinic at Phoenix Children's Hospital.
Second, she experiences much less stress when she is out here, easing the strain on her already-compromised immune system. Finally, and most importantly, she does not get neglected here. Stephanie lives in a loving, supportive environment, beneficial to her fragile health, in which she wants to stay. Stephanie's attorney has suggested that she participate in the custody hearings by phone, but it is incredible that these hearings even need to be held. What in this case needs to be decided?
There is also something of a precedent in custody cases to place a child with other members of the family. Stephanie's father has been deemed unfit for custody, but her aunt, who is apparently willing to take custody, seems a natural choice. Again, what's the holdup?
Perhaps these sorts of problems are to be expected when your justice system is run by a lady wearing a blindfold. Blind Lady Justice has long been the symbol of the rule of law, but perhaps this icon is all wrong. We already know that sometimes the blindfold slips, and the woman with the scales can see the color of a litigant's skin or the or the depth of a party's pockets. Perhaps we should stop fooling ourselves and remove a blindfold we know to be merely an empty metaphor. Many people, including Stephanie Ray, and the legal system itself, would benefit if Lady Justice could be made to see, to take a long, hard look at the system over which she presides.
