Thursday, December 20, 2007

Homeschooling Mom Denise Mafi And Her Four Kids Flee Utah To Escape Rogue Judge Scott M. Johansen

Here's a Utah story I don't recall seeing locally but which has been picked up and reported on December 20th, 2007 by WorldNetDaily. A Utah woman who was ordered by a juvenile court judge to enroll her children in public school or lose custody of them has abandoned her home, furniture and other possessions in Sunnyside, Utah and left the state to escape the order. Also reported by Onenewsnow.

Denise Mafi, a nine-year veteran of homeschooling, has confirmed to WND she and her four children packed up their essentials – clothes and homeschool materials – and fled Utah over the past weekend, spending more than 50 hours on a bus trip to an undisclosed part of the country. There she has obtained an empty home and is spending the Christmas break trying to find beds for her children and herself. After the New Year she will involve the children in a local homeschooling process. She has her own personal website HERE.

"We're shampooing carpets right now. We have no furniture. We have no beds," she said. "But my kids are not going to public school. They are not going where Jesus isn't welcome."

Her home, furniture and other possessions left behind in Utah? "I'm not going back unless the judge removes the threat of arrest," she said. "I'll fight for the cause but I'm not going to be a martyr."

The case erupted for Mafi because of an apparent paperwork glitch that could be the fault of her local school district. Now Utah home school officials say they have asked the state Legislature to review actions by the judge, whose office has declined comment to WND.

The confrontation developed after Mafi, still married but separated from her husband, already had begun her homeschooling plan for the 2007-2008 year, for which she had received a district exemption as required in Utah. She was told she was being accused of four counts of failing to abide by the state's compulsory education law, with a penalty of up to six months in jail on each count, because the district alleged she had not submitted a required affidavit for the long-completed 2006-2007 school year. Mafi, who has her own copy of the required affidavit, said she faxed it to the school district office October 27th, 2006. But the district alleged it didn't arrive, and Mafi failed to keep a fax confirmation she received at the time. The website seems to imply there is a bit more to this story, but seems too apologetic for the judge.

Counseled by a public defender, she thought she was meeting the court's demands earlier when she enrolled her two youngest children in classes in Utah and put her two older children in an online curriculum connected to the public school. However, she soon learned otherwise.

"Well, everything fell apart in court today. I had to enroll my two oldest in public school. … If I didn't the judge said I would lose custody of my children. He threw out the plea and we go to trial on January 9th. I have NO CHANCE with this judge. He will find me guilty. He already has. So I will probably be spending some time in jail. Please pray for my children," she noted in an online forum connected to a "Five In A Row" homeschool curriculum she had used when her children were younger.

At issue are the threats issued by Judge Scott Johansen, who serves in the juvenile division of the state's 7th Judicial District. Johansen threw out the agreement Mafi thought would resolve the charges. Mafi has reported, and her recollection of events has been confirmed by attorneys, that Johansen told her homeschooling fails 100 percent of the time and he would not allow it.

"I can tell you there are several legislators working on this, including one on the judicial retention committee," said John Yarrington, president of the Utah Home Education Association. "There's no excuse for this kind of bias and prejudice."

WND contacted the judge's court, but was told to call the state judiciary's office. A spokeswoman confirmed the situation was being reviewed, but she couldn't comment on a pending case. The district attorney's office didn't return a telephone request for comment.

Tom Smith, however, who identified himself as a friend of the judge, wrote to WND in his defense. "I and another local Republican official wrote to encourage Gov. Bangerter to appoint Scott Johansen, who was a Democrat county attorney at the time, as a juvenile judge. Scott did not like the partisan politics at the time, and many of his views today tend to be more conservative," he said. "I believe he has served our area very well in his capacity of juvenile judge."

Smith cited an occasion when he was teaching a number of years ago, when "some in our school wanted to change the method of teaching to a more liberal way; a method that had not done well in other schools. Judge Johansen took a stand against it with those of us who opposed the change. The result was that several of us teachers were not required to make the change."

Yarrington said a lawyer for the UHEA is working on the case, and lawyers for the Home School Legal Defense Association are reviewing the situation.

Mafi said she is hoping she will not be required to return to Utah for the scheduled January 9th trial, and it was unclear immediately how the fact her children no longer remained in Utah would affect the charges already filed.

Commentary: Of course, Denise Mafi has now complicated her case by leaving Utah in order to avoid complying with the judge's order. She risks being immediately jailed upon her return, even before the scheduled January 9th trial date.

This judge has completely botched this case. He's treating Mafi as if she was a hardened criminal, a dire threat to the public safety. Two years in jail for a paperwork glitch? Jail is only for people who pose a threat to person, property, or the public order or treasury. This is the type of behavior that inspires hatred for government.

I personally would have no objection if, to paraphrase Thomas a. Becket, "someone would rid us of this troublesome judge". Here's contact information for Judge Johansen (try to keep it civil):

Voice (435) 636-3434 or Fax (435) 637-2102

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