House Votes to Curb Jailings, Free Mother

WASHINGTON —  The House voted Wednesday to limit civil contempt of court jailings in the District of Columbia, a measure designed to free a mother who was jailed more than two years ago in a child custody dispute.

While the House was acting, members of the District of Columbia Court of Appeals questioned a three-judge panel’s prior ruling that Dr. Elizabeth Morgan, a plastic surgeon, should be freed. That ruling was stayed pending a decision by the full court.

The House bill, passed by unanimous consent and similar to a version passed by the Senate two weeks ago, would cap civil contempt jailings in child custody cases.

The Senate version would place a 12-month limit on civil contempt jailings in such cases.

The measure, which would apply retroactively to Morgan’s case, also allows prosecutors to file criminal contempt charges after an individual has been jailed for six months. Such a move guarantees a jury trial before a different judge than the one who issued the contempt citation.

The House bill, if enacted into law, would expire after 18 months.

Rep. Stan Parris (R-Va.), who introduced the measure Wednesday, predicted swift action by the Senate to iron out differences in the two measures and ultimate approval by President Bush.

“I haven’t spoken directly with the President, but we’re told he is sympathetic and that the White House staff will encourage him to sign it,” Parris said.

Meanwhile, several members of the appeals court criticized the earlier ruling that Morgan should be freed.

“This is where we owe a very great deal of deference to the trial court because we are in no better position to evaluate (coercive effects of incarceration) than he is,” said Appeals Court Judge Theodore R. Newman Jr. “When the trial judge is so wrong there is no way in the world that he can be right, the judge is then reversed.”

The dispute, which Newman said requires that judges possess “the wisdom of Solomon and the power of God” to properly decide, revolves around the case of Morgan, who went voluntarily to jail in August, 1987, rather than produce her daughter, Hilary, for court-ordered visits with Dr. Eric Foretich, an oral surgeon who is her ex-husband and the girl’s father.

Morgan has alleged that Foretich sexually abused the girl, who is now 7. Foretich has repeatedly denied those charges.

Morgan’s attorneys have argued that her continued jailing violates her constitutional rights. In August, a three-judge appeals court panel agreed, ruling that because she is unlikely to produce her daughter, the effect of keeping her in jail has gone from coercive to unconstitutionally punitive.