By Staff
CASSOPOLIS – Laura Smith, who engaged in six years of neglectful behavior, has found the Michigan Court of Appeals to be an unsympathetic ear.
Court documents indicate that since 1996 Smith has repeatedly exposed her five children to domestic violence, criminal activity and other questionable behavior including her own exotic dancing business.
Evaluations that occurred shortly before the children's removal in 2006 identified that the children all suffered from significant emotional and behavioral issues.
In August 2008, after a seven-day trial, Smith's parental rights to four of her five children were terminated by Cass County Family Court Judge Susan Dobrich.
During the pendency of the family court proceedings, Smith resorted to a public smear campaign against Dobrich and the Department of Human Services (DHS).
Specifically, Smith placed placards around Cass County demanding the impeachment of Dobrich and castigating DHS for involvement in the case.
On April 30, the Michigan Court of Appeals upheld Judge Dobrich's decision.
The Appeals Court found that over the years, DHS provided Smith with a significant volume of services aimed at reuniting her with her children.
The appellate court further found that Smith squandered these opportunities and instead focused on her own personal issues and concerns.
Noting that 21 Child Protective Services (CPS) complaints had been lodged concerning Smith's children, including seven substantiated incidents, the court indicated that "despite the plethora of services respondent had received, she again became involved with CPS in 2006 in the instant matter."
As part of her appeal, Smith claimed bias because she had been ordered by Dobrich to cease her exotic dancing business.
The Court of Appeals found Dobrich's order proper, citing:
"The record reflects…that respondent's eldest daughter had been a victim of sexual abuse at a young age and that two of her other children exhibited sexually inappropriate behavior. Given that three of the children displayed sexual issues, conducting an exotic dancing business from the home where they would be living was a legitimate matter of concern."
Smith also argued that her own actions of putting up anti-Dobrich signs around Cass County created a bias which warranted disqualifying Dobrich from the case and reversing the termination ruling.
The Court of Appeals nixed Smith's argument, indicating that Smith should not benefit from her own inflammatory behavior.
The Appeals Court also chastised Smith for her last-minute delay tactic of trying to fire her attorney on the eve of the termination hearing.
The court noted that for 13 months "counsel had done an exemplary job representing (Smith) … vigorously arguing on her behalf."
Dobrich has served as a Cass County Family Court Judge since 1995.
Smith has until May 28 to file an application for leave to appeal the ruling to the Michigan Supreme Court.