Judge Who Ordered English Lessons Restores Custody

A Tennessee judge who came under fire for telling two Mexican women in child custody cases that they would have to learn English has granted one of them custody of her daughter.

Judge Barry Tatum of Wilson County, about 20 miles east of Nashville, drew criticism after a January hearing in which he told Victoria Luna, 18, to study English and use birth control.

In a second case, involving Felipa Berrera, whose 11-year-old daughter had been removed from her home, Tatum warned that he would terminate Berrera’s parental rights if she could not speak English at a fourth-grade level by an April 18 hearing.

“The court specifically informs the mother that if she does not make the effort to learn English, she is running the risk of losing any connection -- legally, morally or physically -- with her daughter forever,” a court order read, according to Jerry Gonzalez, a Nashville attorney who represented Berrera.

The cases angered civil rights advocates, who said Tatum was violating the women’s rights by linking custody to fluency in English. Both women are part of an immigrant influx to Wilson County and speak Mixteco, a language that is indigenous to Mexico.

On Monday, Tatum restored full legal custody to Luna, whose 3-year-old daughter had been taken from her by the Department of Children’s Services after allegations of neglect. Luna has been living with her daughter under court supervision for three months, said her attorney, Julie Rowland.

Tatum also relaxed his position in Berrera’s case. On the day of the hearing, he did not require Berrera to answer questions in English.

He also did not proceed with the termination of parental rights case, because an appeal of the custody case is pending in circuit court.

David Lubell of the Tennessee Immigrant and Refugee Rights Coalition said media coverage and activists’ criticisms influenced the judge’s position.

“A lot of pressure was brought onto Judge Tatum,” Lubell said. “When he realized there was going to be attention drawn to it, he knew he didn’t have much ground to stand on constitutionally.”

Gonzalez agreed.

“He’ll think twice before he orders someone to speak English,” he said.

But Rowland said Luna’s case was no cause for outrage.

Tatum, she said, quickly reconsidered his instruction about using birth control, striking it from his written orders; and the instruction to learn English, Rowland said, was clearly a recommendation rather than an order.

She said that Luna attended one English class after the January hearing.

“I’m obviously against forcing her to speak English,” Rowland said.

She said her client was not fully aware of the furor that grew around the language issue. “She has not seemed to be bothered by it,” Rowland said.