Register of Wills could be held in contempt due to delayed adoption filings
Washington County’s president judge is considering holding James Roman in contempt after learning that the Register of Wills and Orphans Court row office he leads has not properly transmitted certificates of adoption to the state in at least 11 cases since April.
In his order filed Thursday afternoon, President Judge John DiSalle demanded Roman bring all adoption and guardianship paperwork up to date and provide a written report showing his office is in compliance by July 30 or face contempt proceedings.
DiSalle raised concerns about the Orphans Court’s handling of adoption paperwork, writing in his order that “the failure to carry out this statutory duty is causing harm to adopted children and their families” by preventing the state Department of Health to process the information and seal some personal information.
The order also accuses Roman’s office of failing to docket, scan and distribute guardianship decrees and orders in a timely manner. DiSalle wrote “the failure to carry out these duties irreparably harms the ability of the Court to function, and strips parties and other interested persons of their right to due process.”
DiSalle cited his Jan. 15 administrative order explaining the proper manner to process the information, which he claimed Roman is “failing to comply with the procedure set forth” in his original request. The president judge wrote that he’s “received numerous complaints among judicial officers, staff, and members of the Bar” that Roman’s office is failing to maintain up-to-date dockets and timely service of judicial decrees and orders.
The order listed several examples of problems, but it pointed to one situation in which the state Superior Court contacted the court July 7 for the status of an appeal, but a member of the judicial staff learned that the case files, orders and other items were “missing” after contacting Roman’s office. In other cases, three adoption decrees issued June 11 have never been docketed, while it took Roman’s office 39 days to docket another one from early June.
Roman issued a written statement Friday that DiSalle’s order from the previous day was the first time he had heard of “anyone being upset” with how his office is handling adoption files.
“I was not aware of any issue and this was never brought to my attention prior to the court order being filed,” Roman wrote in an email. “We have received zero complaints in our office and we actively ask for feedback with posted signs.”
DiSalle disputed that assertion during an interview in his chambers Friday afternoon, pointing to “numerous complaints” from attorneys and several “reminders” issued from the court.
“It’s a level of concern and beginning to be a breakdown of the system,” DiSalle said.
DiSalle said the delay in these filings come at a time when some adoptive families are trying to enroll children in school or get them included on medical benefits.
“We have families and children who are depending on this,” DiSalle said.
Roman said his office spent Friday reviewing the files in question to resolve the problems mentioned in DiSalle’s order, some of which the staff was able to complete immediately. Other files may take longer to organize and complete.
“The only outstanding files are waiting for attorney responses based on potential legal requirements,” Roman said. “We have been reaching out to these attorneys on a regular basis.”
An annual audit performed by Washington County Auditor Michael Namie concluded that staff turnover in the row office last year shortly after Roman was elected Register of Willis and clerk of Orphans Court in 2019 contributed to several issues, such as problems with record keeping, internal controls over bank accounts and untimely payments to the state and county. Roman blasted the 2020 audit, which was released to the county commissioners June 3, claiming he had several longtime employees resign in March 2020, and then was handcuffed when the coronavirus pandemic restricted many courthouse activities.
The office handles marriage license applications, along with filings for adoptions, guardianships and estates. It also accepts inheritance tax payments for the state Department of Revenue.
It’s the second time this month that DiSalle has threatened to hold a row office official in contempt for failing to comply with a previous order. DiSalle wrote an order July 2 laying out terms for how Clerk of Courts Brenda Davis would “cooperate fully” with helping the Adult Probation Office collect court fines and fees, or she could face contempt proceedings.