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ST. LOUIS RECORD

Wednesday, May 1, 2024

Dad who lost custody of his child tells why he opposed Judicial Commission nominee for St. Louis judge

Attorneys & Judges
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Pudlowski | Facebook

When embattled attorney Elaine Pudlowski applied to replace retiring Judge James Sullivan in the 22nd Circuit Judicial District, she became one of three 22nd Circuit Judicial Commission nominees under the Missouri Non-Partisan Court Plan. 

But it was Craig Higgins who Gov. Mike Parson appointed, not Pudlowski, a partner at Frankel, Rubin, Klein, Payne & Pudlowski.

“Elaine Pudlowski is not going to be a judge,” said Kenneth Rosa, media director of the Father’s Rights Movement, who opposed her appointment.

Controversy surrounding Pudlowski involved her role in representing children as a guardian ad litem (GAL) for both St. Louis City and County Circuit Court for more than 20 years.

In April 2021, Pudlowski, who graduated from Washington University School of Law in 1993, was sued by Rosa in St. Louis County 21st Judicial Circuit Court for allegedly breaching her fiduciary duty.

“Should we really be looking at a woman for a judgeship who has multiple lawsuits alleging civil rights violations,” Rosa told the St. Louis Record. “Is that the type of person we want to represent the state of Missouri?”

Rosa blames Pudlowski, who was a court-appointed GAL in his 2016 divorce and custody modification proceedings, for losing custody of his now 20-year-old daughter and being alienated from her.

“Elaine Pudlowski had factual documentation, evidence, and pictures that she chose to ignore and left her with an abusive parent, which in this case was the mother,” he said. “My daughter and I don't have much contact today because of it. She's absolutely screwed up. She graduated with a 1.01 GPA. They moved about nine times that I know of.”

As previously reported, attorney Evita Tolu also sued Pudlowski after losing custody of her children when Pudlowski was serving as GAL.

As in Tolu's case, Rosa's legal action also was dismissed.

“Plaintiff suffered the alienation of Child K and Child K from Plaintiff and they did not receive Court-ordered family reunification counseling,” Rosa's complaint alleged.

Rosa and Tolu are among a cadre of adjudicated, alienated parents who contacted Gov. Mike Parson’s office to complain after hearing of Pudlowski’s nomination to the bench.

“I sent a Freedom of Information Act request to the governor's office and then I followed it up with a phone call,” Rosa said. “They put me in contact with the chief of staff who told me if we wanted to find out why the Judicial Commission nominated her, we would have to request the documents from them.”

Pudlowski did not immediately respond to requests for comment. She was named a 2019 Women's Justice Award Nominee by Missouri Lawyers Media, according to Facebook.

"For whatever reason, I am one of the few fathers that Elaine Pudlowski hated," Rosa added. "I don't know if it's because she felt I wasn't religious enough. She told me about her Catholic beliefs and stuff. Usually, it's moms that she targets but, for whatever reason, I was the dad she targeted. What type of people are we nominating?"

Under the Missouri Nonpartisan Court Plan, the Judicial Commission reviews applications, and interviews candidates before selecting three nominees from which the governor appoints one person. The general public is encouraged to submit commentary on each candidate to the Judicial Commission.

The Judicial Commission that nominated Pudlowski includes Chris Goodson, Andre Harris, Eastern District Missouri Court of Appeals Chief Judge Sherri Sullivan, Commission Chair Matthew J. Devoti, and Commission Secretary J. Brent Dulle, according to a press release.

Higgins is a 1988 graduate of the University of Missouri-Columbia and a 1991 graduate of the Drake University School of Law.

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