Protest Ohio Outrage: Father Jailed Because His Daughter Didn't Get Her GED!
May 14th, 2008 by Glenn Sacks, MA for Fathers & FamiliesA few days ago I shared this outrageous story with you--Father Jailed Because His Adult Daughter Fails to Get Her GED. In the case, father Brian Gegner was ordered to see to it that his daughter gets her GED, but she has not done so, in part because she struggles with math. The daughter's problems in school came at a time when she lived with her mother. The daughter herself--now almost 19-years-old--says that she alone is responsible for her own problems and that her father shouldn't be blamed. Nevertheless, the father is in jail on a six month sentence.
The jailed father goes before Judge David J. Niehaus on Friday--I urge all of you to call Niehaus and also the Governor of Ohio to demand Brian Gegner's release. The contact information is:
BUTLER COUNTY
Juvenile Justice Center
Judge David J. Niehaus 513-887-3318
fax: 513-887-5592
Contact Ohio Governor Strickland here:
http://www.governor.ohio.gov:80/Default.aspx?tabid=448
Phone: (614) 466-3555
Fax: (614) 466-9354
Michael Robinson of the California Alliance for Families and Children issued a call to action on this case earlier this week, and has been checking into the case and speaking with Ohio officials. Robinson reveals several important facts about the case:
1) Both Robinson and Ohio WCPO TV reporter Deb Silverman have been digging into the Gegner family's history, and Robinson says "both parents are clean, they simply were unable to get their daughter to stay in school."
2) This sad chain of events was set off because the parents did the right thing--they were concerned about their daughter's truancy, acknowledged that they were not able to control her, and called the police for help. I would also add that this is an example of two divorced parents working together to try to help their child, something this country needs a lot more of.
3) Perhaps most significant of all, Judge David J. Niehaus and two colleagues were specifically accused of judicial abuse by Butler County Commissioner Mike Fox in his 2003 report "A Culture of Secrecy, Fear and Judicial Abuse."
Again, I urge all of you to call the judge in this case and also the Governor of Ohio to demand Brian Gegner's release. The CAFC press release has generated protest calls but we need a lot more--the contact information is above.
Other relevant details:
1) According to CBS, the judge is "standing firm" and says Gegner will "only be released if his daughter passes the GED." So a parent can be held in jail until his or her child passes a test?! If my son fails Geometry, should my wife and I be jailed until he passes Geometry in summer school?
2) In "A Culture of Secrecy, Fear and Judicial Abuse," Fox writes:
"The Domestic Relations and Juvenile Courts of Butler County foster a culture of secrecy, fear and judicial abuse that violates the most fundamental and sacred rights guaranteed by our nation’s Constitution — the rights of due process of the laws. Those who are most directly affected by decisions of these courts — parties to the actions — are routinely excluded from court proceedings and deliberations, told to wait outside the hearing room in a hallway while their lives, personal property, children and homes are divided up by strangers." To read the full report, click here.
3) The CAFC's press release on this case can be seen here.
3) The most recent Associated Press article on the case can be seen here. A Butler County TV station cites the CAFC on the case here.
4) To watch a video of the daughter discussing her father's jailing, click here.
5) In a letter to officials, Robinson poses an excellent question:
"What was the juvenile court doing to help these parents with dealing with Brittany's destructive behavior before it got this far? Did the court offer any kind of parenting resources like The Parent Project, which help parents deal with such problems?
"The Parent Project is a parenting skills program designed specifically for parents with strong-willed or out-of-control children. Because of its success in preventing, identifying and intervening in the most destructive of adolescent behaviors, the Parent Project has won three state awards in California and has been successfully adopted for use by hundreds of communities throughout the nation."
I think Robinson's remarks are particularly relevant because the parents got in trouble because they went to authorities asking for help.
Again, I urge all of you to call the judge in this case and also the Governor of Ohio to demand Brian Gegner's release.
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May 14th, 2008 at 12:32 pm
I wrote the following:
Can a parent be jailed because his or her child can't pass a test?
It has happened in Ohio.
May 14th, 2008 at 12:43 pm
Glenn,
Are there any specifics that should be included in a fax or message that will make it more effective?
May 14th, 2008 at 12:52 pm
I just called the governor, and the aid that answered the phone say's shes been getting calls like crazy.
May 14th, 2008 at 1:15 pm
In viewing the resume of this "judge" (sic) I couldn't help notice that he lists the following "credential":
"President and Member of the Board of Trustees of Hamilton's German Village 1975-1980 "
Sort of tempts one to use the "N" word about this vicious, controlling, dictatorial piece of judicial junk.
And he attended the "Salmon P. Chase School of Law". Excuse me, but I have never heard of such a law school.
May 14th, 2008 at 1:21 pm
(recycling a previous post)
Courtesy of Barry Sewards' site, a link by which one can send a note to the Butlter County Juvenile Justice Center http://www.butlercountyohio.org/juvenilejusticecenter/index.cfm?page=contact.
For those who choose to do so, you can even remain anonymous.
May 14th, 2008 at 1:28 pm
More from Barry's site:
"Also, if you haven't sent the Gov. of Ohio your thoughts about this situation, here is a link to make it easier:
http://www.governor.ohio.gov/Default.aspx?tabid=448"
I didn't get an automatic replay back for almost 24 hours after sending a message to the governors’ office – it might mean that their system is getting choked with commentary about this case.
May 14th, 2008 at 1:43 pm
IF America is so free, then why does it throw fathers in jail for private matters.
May 14th, 2008 at 1:48 pm
Under this judge's logic, I can be thrown in jail if I can't get my daughter to eat her peas at dinner.
May 14th, 2008 at 1:59 pm
I called both and I got that typical clinical authoritarian tone. Nevertheless, I called.
May 14th, 2008 at 2:26 pm
"According to CBS, the judge is "standing firm" and says Gegner will "only be released if his daughter passes the GED." So a parent can be held in jail until his or her child passes a test?! If my son fails Geometry, should my wife and I be jailed until he passes Geometry in summer school?"
So basically the father is being held for ransom... the price is a passing grade.
What the hell would the judge say if in order to get her to pass the GED the father said he was locking her mother in the basement until she passed?
He'd be locked up for wrongful imprisonment.
Basically the judge is using draconian methods to get this girl to pass that would be considered criminal if the parents attempted to do the exact same thing.
May 14th, 2008 at 2:46 pm
...we have a runaway judiciary that answers to no one and passes laws on the fly, as it sees fit, with no public debate allowed. Someone needs to explain to me the difference between the runaway judiciary and a dictatorship.
May 14th, 2008 at 2:47 pm
I called the judge. I was routed to Mr. Rob Clevenger, Director of the Juvenile Justice Center in Butler County. Mr. Clevenger and I spent at least twenty minutes on the phone, and I found him to be very reasonable, and open to discussion and to considering the many viewpoints expressed to him during the many calls he has received. The point I wanted to make is that the court is, no matter the "legalities" of the situation, engaging in a course that can only bring the entire justice system into disrepute.
Mr. Clevenger, when confronted with some of the facts reported here, advised that he understood the facts to be different than those reported in some material respects. To his considerable credit, Mr. Clevenger, after I told him I was going to report on my conversation on a "certain website," also gave me his personal e-mail address for those who would like to express their opinions (politely, I hope) on this matter, or on the issues presented generally: clevengerrg@butlercountyohio.org. He seemed genuinely interested in receiving input so that, as he said, he can try to make the system better.
Let's hope that sanity will be restored on Friday. But, no matter what happens, this incident will, and should, continue to reverberate as an example of how cruel, callous and sexist the family justice system has become toward men.
May 14th, 2008 at 3:07 pm
This case is now making radio talk shows -- a sure sign of outrage. It provoked a lot of angst on WBAL-AM in Baltimore yesterday.
May 14th, 2008 at 4:24 pm
Jay R: "Mr. Clevenger, when confronted with some of the facts reported here, advised that he understood the facts to be different than those reported in some material respects."
Did Mr. Clevenger give any clue as to what those material differences might be?
May 14th, 2008 at 4:47 pm
>Did Mr. Clevenger give any clue as to what those material differences might be?
As I recall, he said that, to his understanding, it was not true that the parents had initiated contact with the "system." He also said that it was not true that the daughter had lived with the mom during the entire three years of "chronic truancy" which is the premise of the original criminal complaint, which was automatically brought against the parent with legal custody. He could not explain why mom wasn't also/instead charged, but did say that he is aware of cases where (mostly single) moms have also been prosecuted. He did not say that any women have gone to jail.
He really was a nice, reasonable person, who acknowledged the huge problems associated with fatherless homes. He had nothing to say, though, when I noted the lack of any governmental or societal efforts to keep fathers in place in families.
May 14th, 2008 at 5:20 pm
I just received this e-mail from the governor's office (yes, I'll keep you posted about further replies):
Thank you for writing the Governor's Office. Your message has been received. We appreciate the input of the citizens of Ohio. Your message will be reviewed by a member of our staff and addressed promptly. If you have an immediate concern, feel free to call our Constituent Hotline at (614) 644-4357.
Please do not respond to this message. Further inquiries should be made through our web-site: http://governor.ohio.gov
If you have requested a ' Recognition Award ' please do not call the phone number listed above for information. Additional questions regarding recognitions can be addressed through our web-site www.governor.ohio.gov . Please complete the 'Contact the Governor Form,' and we will address your concerns. You can expect to receive your recognition award 7-10 days prior to your event.
Quicker and more than I got from Expedia about their anti-mail ads.
May 14th, 2008 at 5:36 pm
King of K,
I am assuming that you were using that example purely as a hypothetical, right.
You are not admitting in a public forum that you FAILED to get your daughter to eat her peas, are you.
I hope not as wherever you are in America, there is a cold jail cell waiting for such failures-in-fatherhood as those whose children do not eat their peas as expected by our lofty Jurists.
May 14th, 2008 at 5:40 pm
"If my son fails Geometry, should my wife and I be jailed until he passes Geometry in summer school?"
Apparently not your wife, just you.
Thanks to slwerner for the link- if you are not in posession of a US phone number this is the form to use.
May 14th, 2008 at 5:42 pm
"Did Mr. Clevenger give any clue as to what those material differences might be?"
Breasts. They're pretty material.
May 14th, 2008 at 5:53 pm
A little more data about this "judge".
Apparently this judge has been sucked up to by the Ohio Child support organization (OCDA) with an absurd award in 2004. So now self-serving agencies can hand out awards to judges who smack down fathers? Amazing. So this bozo judge came up with something having the sinister name of "The Christmas Docket" under which 50 "offenders" were sent to jail, and which achieved over $60,000 in child support collections (big deal -- that's $ 1,200 in money collected per man sent to jail. Obviously a non-economic undertaking which cost Ohio much more money to implement than the $60,000 they collected. So this "judge" is just an attention-seeking idiot -- not unlike a number of other state court judges in America.) Here is the OCDA announcement of his "award" -- sick:
The Honorable Judge David
Niehaus of the Butler County
Juvenile Court
is being
honored as the 2004 Judge
of the Year for implementing
the “Christmas Docket”
program in Butler County. As
a result of the effective
measures implemented by
Judge Niehaus, more than
$60,000 has been collected
in back support, and more
than 50 offenders have been
sent to jail for non-
compliance of a court order
for child support.
The
“Christmas Docket” event
has drawn attention from the
media, placing awareness on
the importance of paying
child support. Judge Niehaus
has served as the Butler
County Juvenile Court Judge
since 1987.
May 15th, 2008 at 12:47 pm
This is silly, (de-facto) culturally put the raising of the children into the discretion of the women, then jail the father for her going astray.
May 15th, 2008 at 7:24 pm
From what I understand this child had a chronic truancy problem in BOTH households. They sent her to school, she just did not go. No parent allowed her to skip. I understand as parents it is our responsibility to make sure that they go to school, no question there. If you have an unruly school skipper can you beat them? No. They know that too, rest assured. If your son breaks into a local store and steals cigarettes and beer will you now be sent to jail? If the courts do not allow you to punish your children how do they say you can be punished for what they do?
May 15th, 2008 at 8:25 pm
Even if the daughter had not been living with the mother during the "entire three years of truancy", it would seem there should be at least be equal responsibility assigned to the mother. And, when both the mother and daughter volunteer to go to jail in place of the husband (!), it seeems to make knowing all the particulars of the living arrangement, during the entire three years, of secondary concern - since It appears that the mother and daughter are acknowledging "guilt"!
The whole idea of anyone being sent to jail in this case, or even being arrested, is totally absurd!!
May 16th, 2008 at 5:54 am
This is sad.
May 16th, 2008 at 9:13 am
I just called the Governors office this morning (Friday), and was told by the gentleman in the office that it would be inappropriate for the governor to get involved in court cases.
Does anyone have the contact info for local media outlets, it seems THEY are the ones we should be flooding with calls.
May 20th, 2008 at 1:47 am
I believe the governor needs to get involved. someone, with authority acting without integrity to the office or the state, that offence needs to be addressed without delay.
Contact could also be made to the ABA, or the state bar. They may investigate the ethics, and may send it to the Supreme Court to view and notify them of constitutional or ethical violations.
May 20th, 2008 at 9:19 am
The tenor and direction of the comments regarding this issue indicates to me that people has lost their minds. People should be calling for the hanging ot the judge, not just saying he acted absurdley, silly, or drawing parallels. Men have been emasculated by the "feminist" movement.
May 20th, 2008 at 11:45 am
I'm with Richard... not only should Mr. Gegner be absolved of guilt because of his daughter, but the public must push for the judge to be removed from office. This is an outrageous abuse of position, a violation of human rights to Mr. Gegner, and the public should also be accountable to Mr. Gegner if they do not pressure the governor to remove the judge from office. It's a democracy, vote against the governor if he does not take action to endure rights be observed.
This is a public shaming.
May 26th, 2008 at 4:57 pm
Where is the mom, why wasn't she put in jail for 6 months too? And why was this a problem when the daughter was over 18. I am sure she had a school problem before her 18th birthday. Some states will arrest both parents for their children's failure to attend school. The mother and father alternate serving time until the sentance is completed.
Seems to me that at this point, the daughter, who is a legal adult, has the right to decide if she will get a GED or not. She is an ADULT and is expected to make her own way in life now. That she wants to be stupid, is her choice.
The judge needs to be removed from the bench.
January 8th, 2009 at 4:49 pm
This is GREAT!! Time to make parents responsible for thier children. Children do not understand that without a basic H.S. education that can not support themselves. Time for parents to wake up!..Get involved with your kids education, heck the system is designed for any average American kid to graduate if the program is followed. That includes HOMEWORK and involvement. If your child is having trouble SPEND TIME WITH THEM!!..get a tutor...BE A PARENT...at least for God's sake get them out of High School.!! I hope this starts something in this nation...ACCOUNTABILITY everyone..parenting is a tough job but you signed up for it...SO DO IT!!...Do what you are supposed to do..get your children, at the very least a basic education. You owe your child that!!