Op-Ed: Is San Angelo Judge Barbara Walther Overstepping in FLDS Case?

From Brietbart, via Drudge:

SAN ANGELO, Texas (AP) - Parents' hopes of quick reunions with more than 400 children removed from a polygamist sect's ranch were dashed Friday after their attorneys and a judge clashed over proposed restrictions.

A decision by Texas District Judge Barbara Walther means that to regain custody, the 38 mothers whose filed the complaint that led the Texas Supreme Court to reject the state's massive seizure must personally sign an agreement their attorneys and state child-welfare officials have proposed.

That could add days to the process, attorneys for the mothers said, because the women are scattered across the state to be close to their children in foster care.

"It's not as simple as going across the street and setting up a booth," said attorney Andrea Sloan, who represents several young FLDS women and minors who contend they should be reclassified as adults.

Walther had wanted to add restrictions to the agreement worked out by the parents' attorneys and Texas Child Protective Services, but the parents' attorneys argued that she didn't have the authority.

The judge then said she would sign the initial document, but only after all 38 mothers involved in the case the high court ruled on signed it first.

State officials had said earlier that children could start being returned Monday, but attorneys for the parents said the new requirement could add days to the time frame.

I don't understand this at all, especially in light of this next paragraph:

The high court on Thursday affirmed an appeals court ruling ordering Walther to reverse her decision last month putting all children from the Yearning For Zion Ranch into foster case. The Supreme Court and the appeals court rejected the state's argument that all the children were in immediate danger from what it said was a cycle of sexual abuse of teenage girls at the ranch.

Unless there are solid cases that require REAL investigation, why haven't the children been returned to their mothers without precondition, as the higher courts have ordered?

What right does CPS have now to even ask the time of day of the FLDS mothers, who won the case in the state's highest courts?

I understand there are still many ongoing criminal investigations. I also know they have yet to result in a single criminal charge being filed.

I did see the Warren Jeffs pictures, though. Shows desperation, not evidence.

The big question is, if the YFZ raid itself has been ruled illegal by the highest courts in the State of Texas, and both rulings have compelled Judge Walther to vacate her emergency order and release the children back to their parents without condition, why is she interfering by setting conditions?

She's already been overruled.

Twice.

I have no idea what kind of coercive oversight agreements CPS and Judge Walther's court negotiated with FLDS families up to now, but haven't the two higher courts superseded her and made null and void any legal agreements made?

Aren't the mothers now free and clear to get their children back, and tell CPS to go to Hell?

I'm not a lawyer, but what the hell is going on here?

If there are any lawyers that can untangle this legal mess, please do so.

On second thought, scratch that. I've got a headache already.

This case just gets stranger and stranger.

Just when you think it's over.

I really hate seeing authorities in the State of Texas botch this case at every step. I'm not really keen on having to defend the FLDS.

And that FLDS civil lawsuit-to-be just seems to keep getting bigger with moves like these that prolong the separations even after higher courts have ruled.

Can;t wait to see what happens with Rozita Swinton.

I only wonder if hers will be the first, or even only, criminal charges stemming from the YFZ raid.

Imagine, 'Sarah' being the first one hauled off to prison.

How tragically ironic would that be?