Judge Dianna Gould‐Saltman

• Published date: 01 October 2021
• Author: Dianna J. Gould‐Saltman
• Date: 01 October 2021
• DOI: http://doi.org/10.1111/fcre.12608

JUDGE DIANNA GOULD-SALTMAN

Dianna J. Gould-Saltman

I. HOW OFTENAN D IN WHAT CONTEXT DOYOU USE SOCIAL SCIENCE EVIDENCE?

I use social science evidence only when offered through a competent mental health professional.

Both attorneys and self-represented parties attempt to bring in social science evidence they have

acquired through books or articles they have read or a website they have found on the internet. It is

rare that anyone attempts to bring in this information in a competent, admissible way. On the other

hand, realistically, I probably use what I know about social science and children every day.

II. HOW CAN MENTAL HEALTH PROFESSIONALS PRESENT INFORMATION

ABOUT THE METHODOLOGY OR RELIABILITY OF INFORMATION SO THAT IT

WILL BE MOST USEFUL TO YOU?

It depends on the role of that mental health professional. If it is being presented by an evaluator,

they can present it by tying together the facts of the case with the relevant social science in the anal-

ysis portion of the evaluation report. If the professional is being presented as a didactic witness,

they can present information by explaining social science which is both relevant to the allegations

in the case and providing substantive detail, more than basic information which does not require an

expert. A treating therapist can present information by explaining the social science basis for the

protocol being used in treatment.

III. WHAT DO YOU THINK IS THE MOST EFFECTIVE WAY FOR JUDGES

TO RECEIVE SOCIAL SCIENCE INFORMATION, EITHER IN THE COURT

PROCESS OR IN TRAINING OR OTHER RESOURCES? DO YOU HAVE PREFERENCES

AS TO FORMAT (E.G. ORAL, WRITTEN, EXECUTIVE SUMMARY, BULLET POINTS,

ETC.)? IS THIS ALSO DEPENDENT ON CONTEXT?

Ninety-nine percent of what judges need to know about social science will never be presented in a

courtroom. Most people do not have the means to put on that kind of evidence correctly. The best way

for judges to acquire such information is to provide training with concrete examples of fact patterns and

possible ways judges could use the information. The only time it is really necessary or even useful in a

court proceeding is when the judge is extremely new to the assignment without ever having practiced

family law or when the presenting issue is so unusual that it is not something very often seen at all.

IV. WHAT CONCERNS DO YOU HAVE ABOUT THE RELEVANCE OF SOCIAL

SCIENCE EVIDENCE IN THE CASES YOU HEAR?

It’s concerning to see people spend money to have an expert provide information that is so basic

there is no need for an expert to be there. Some experts assert that something is a “settled issue”in

the social science community when that is not the case.

FAMILY COURT REVIEW, Vol. 59 No. 4, October 2021 760–761, doi: 10.1111/fcre.12608

© 2021 Association of Family and Conciliation Courts