House Passes Bill to Free Mother Jailed Two Years in Custody Case

The House on Wednesday overwhelmingly passed a bill aimed at freeing a woman jailed nearly two years by a judge for refusing to reveal the whereabouts of her daughter in a child-custody case.

The bill would require prosecutors in the District of Columbia to release or to file criminal contempt charges--guaranteeing a trial and the possibility of bail--against anyone who had been held more than 12 months for civil contempt of court.

The measure, which passed by a 376-34 margin, is designed to apply retroactively to the case of Dr. Elizabeth Morgan, a local plastic surgeon.

She was jailed for civil contempt in August, 1987, after refusing to produce her daughter, Hilary, for court-ordered visits with Dr. Eric Foretich, her ex-husband and the girl’s father.

Morgan hid Hilary after alleging that Foretich had sexually abused the 6-year-old girl; Foretich has repeatedly denied those charges.

Before the legislation could take effect, the Senate would have to act as well. Sen. Orrin Hatch (R-Utah) has introduced a similar bill, but it has not yet been debated.

Congress has review power over all District of Columbia laws, but rarely uses its right to intervene in the city’s court system.

Morgan’s case now stands before the city’s appeals court, which is reviewing D.C. Superior Court Judge Herbert Dixon’s May 11 decision to keep her behind bars until she reveals where her daughter is.

The case has gained national attention as women’s rights groups and organizations concerned with child abuse have rallied to Morgan’s defense. Foretich has been backed by several fathers’ groups.

“The controversy (involving Morgan) is not the issue we’re addressing. . . . We’re addressing a flaw in the criminal justice system,” the bill’s sponsor, Rep. Frank R. Wolf (R-Va.), said during floor debate. “The flaw is that anyone--including Dr. Morgan--can remain behind bars indefinitely on civil contempt charges.”

The bill survived despite protests that it would set a bad precedent in child custody battles and concern that Congress should not intrude on city court matters.

“This interferes with an ongoing court case, and that is bad public policy,” Rep. Herbert H. Bateman said during debate on the bill. “If this is such a good idea, we should have done it for all 50 states.”

“Don’t apply it just to Dr. Morgan’s case--apply it to others and see if it fits,” pleaded Rep. Richard J. Durbin (D-Ill.).

Stephen Sachs, Morgan’s attorney, has repeatedly asked Dixon to file criminal contempt charges against Morgan so that she can receive a jury trial.