I've been struggling over the past several weeks with wondering about a part of a lawyer's job. That is, the part that has nothing to do with arguing in court, or filing motions or briefs. It's the question of how a system that is run by humans makes sure human error doesn't result in human tragedy.

You may recall that two months ago, I blogged about a friend who's been getting divorced for about thirty-nine months. (This divorce started during my first week of law school, when Laci Peterson was still alive. You'll note that we've now been through an investigation, trial, sentencing phase, and Scott Peterson has now been on death row for about a year.) And my friend's divorce isn't final.

OK, so, it's two people who were married, and can't get divorced. This would be mildly divorcing, if only the same lassitude of the justice system that has plagued this case (the custody issues were heard in August, 2004 and the financial issues were heard last March) weren't acting to the detriment of a ten-year-old boy.

Today, the US government indicted Jose Padilla, because they had a feeling the Supreme Court was going to come down on them for holding him without a hearing.

Now, listen, it's great Jose Padilla is going to get a hearing. I don't like anyone being held incommunicado without some judicial oversight. But, if we can give one to a terrorism suspect, why the hell can't we give it to a boy who's

• been held down by his father and his father's girlfriend when he wanted to call his mother (after being threatened with a belt?)
  
  
• been charged with domestic violence for accidentally kicking his father's girlfriend during same incident. (Abusers frequently race to court to make the first charge of domestic violence, so as to diminish the victim's credibility.)
  
  
• been told not to tell his mother about same or things would be even worse for him.
  
  
• tried to call his mother and had the phone hung up on him twice.
  

After the first of these incidents -- after which, his father called the police -- his mother sought an emergency custody hearing in the Ottawa County Court of Common Pleas. The motion was filed on October 21.

It took until November 1 for a hearing date to be set, which was to be on November 9. The attorneys involved had a telephone conference, and my friend was all set to be in court (as was I) two days after I was sworn in as an attorney. (Not that I'm representing her; it's just that the case has been handled so abominably, I want to make sure there are people there.)

OK. So, November 7, we're on the way to Columbus for my swearing-in. And all of a sudden, here comes a call from my friend's attorney.

The judge in the case needed to get off; he had represented the father's attorney in his two previous divorces.

Which is understandable and a conflict of interest, but why did this judge sit through the telephone conference and never let anyone know?

The following day, my friend was advised that her "emergency hearing" would be set for sometime after her husband's attorney returned from vacation, which was starting November 11. But probably after November 22.

Then, Ottawa County decided to transfer the case to Lucas County. (My friend is politically active and, as such, has worked for several candidates, which has contributed to her problems. The next person that suggests being well-connected in court helps you is going to get an earful from me, let me tell you.)

Great! Off we go to Lucas County...or would, if the Ottawa County Court of Common Pleas could get around to signing the judgment entry, asking the Supreme Court to assign a judge. Lucas County kept telling my friend's attorney they were prepared to act and get this emergency hearing to happen ASAP (which, isn't that what an emergency hearing is supposed to be about?), but they couldn't until the papers got shipped out of Ottawa County.

Well, today, the papers got transferred. And now, my friend is looking at a hearing date in mid-December.

What's that old saying about justice delayed?

In any case, I'd like to be around the houses of the people in charge of scheduling hearings when they catch fire.

"911."

"Hi, I'm calling to report an emergency."

"OK, we'll send someone out to your house. They should be there in sixty days."

"That won't work."

So, why do we think it does in family court?