You don't know if the judge will be fair unless you take it to court," said Supreme Court Justice, Janine Geske to those attending the September 20 meeting of Wisconsin Fathers for Equal Justice.
Admitting that gender bias exists in the courts, Geske claimed stereotyping is the villain and "we all do it." Lots of it occurs in lawyer's offices, she explained, where most child custody cases seem to be decided.
"Men get the message not to bother unless they can show the mom is unfit." Saying that judges try very hard to be fair, she hypothesized "if all cases were tried, we might be in a different ballgame."
The answer, advises Geske, is to treat such biased attitudes with education. "You can't change anyone's mind with a course on gender bias," and argued that a much more effective way is to work the material into existing classes and educational programs. She admitted, however, that the "progress toward gender equality has been slow and frustrating for those who experience the bias."
Geske displayed a personal understanding of the feelings men have toward gender bias in the courts. While an attorney for Legal Aid of Milwaukee, she had cases, she remembered, that definitely seemed unfair to the man. In one, a divorce debt owed by the ex-wife had to be paid off by the ex-husband when the woman remarried and decided to stay home. "I see no reason why she should not honor her responsibility under the divorce judgment even though staying home might be best for the second marriage," said Geske.
In another case, Geske related how a male client in a divorce action was required by the court to pay 50 percent of his ex-wife's attorney fees even though he was found indigent, couldn't afford an attorney, and his ex-wife had a paying job.
Justice Geske's presentation was covered by at least two Madison-area radio stations and by The Capital Times in a front page story headlined, "Justice admits dads face court bias."
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