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Atlanta
Journal-Constitution, The (GA) September 13, 2003
A federal judge has removed an outspoken Atlanta attorney from a lawsuit against Georgia's child protection agency, partly for being absent from the litigation and for calling for the firing of the head of the agency. U.S. District Judge Marvin Shoob wrote in an order Friday that lawyer Don Keenan "has failed to participate in the demanding workload of this case." Shoob also criticized Keenan for demanding that Department of Human Resources Commissioner Jim Martin be fired. Keenan admitted he had not participated for several months in the 2002 lawsuit against the Department of Family and Children Services because he disagreed with the "shotgun approach" of his co-counsel, the New York-based advocacy group Children's Rights. Keenan said he wanted the case to be "limited in scope and calculated to be resolved quickly. Most of [Children's Rights] cases go on forever." He said he wanted the case to be limited to decreasing caseworkers' caseloads. "If that was done, then many problems of the system would be self-correcting," Keenan said. Keenan called for Martin's dismissal after 2-year-old Kyshawn Punter was returned to his home by DFCS caseworkers and allegedly beaten to death. His stepfather is charged with murder. Keenan said the agency needs stronger leadership. Shoob wrote that Keenan's statement was "contrary to the prior findings of the court." Shoob noted his previous order said he was "impressed with the dedication and competence of Commissioner Martin." Children's Rights in August won a ruling that gave class-action status to the suit seeking to overhaul the foster care system in DeKalb and Fulton counties. The suit was filed on behalf of nine foster children but was extended to all 3,000 in those counties. Ira Lustbader, an attorney with Children's Rights, said the "problems at DFCS run far deeper than any one official," referring to Martin. "And the fundamental changes needed to fix the system go far beyond caseworkers' caseloads." Lustbader said the judge rejected the state's request that the case be dismissed and that he is preparing to go to trial next year.
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