When The Judge Is Wrong

[Viktor]

When the Judge Is Wrong

However, every litigator will eventually encounter a jurist who is undeniably flat-out wrong on an issue. Whether the error is a ruling on an objection or a misapplication of the law, this scenario can leave both judge and litigator in a pickle. This practice point seeks to clarify your options when this inevitably happens.

 

[DGS49]

I have written in this space before about a Family Law case of a cousin of mine. The egregious behavior and rulings of the judge(s) in this case are such that each new attorney considers my cousin insane when presented with his "issues," and they ultimately withdraw from the case, figuratively throwing up their hands at a local court that simply flouts the law and dares the party to do anything about it.

Starting with jurisdiction. Petitioner is a permanent Florida resident (driver, voter, employee, property owner), temporarily living with her parents in Fayette County, Pennsylvania. Respondent is a permanent Florida resident (driver, voter, business owner, property owner, taxpayer). The child of the couple was born in Florida and had never lived anyplace else. The couple lived and were married in Hillsborough County, Florida and never lived anyplace else. Case was brought in Washington County, Pennsylvania, where the Petitioner's uncle is politically connected.

Twelve years of motions, cases, hearings, etc., and Respondent has never been able to even have jurisdiction addressed in this court. The proper Florida court contacted the judge and was told to go **** off.

This is only one of a dozen or more improprieties and outrages visited upon the said cousin. It is not incompetence or a mistake on the part of the Washington County judge. It is an intentional flouting of the law, to benefit the niece of a friend. Not one lawyer, either in Washington Country, or from elsewhere has been willing to confront this judge or challenge his actions in a higher court. Hundreds of thousands of dollars in legal fees, all for nought.

It does happen, especially in Family Court.

 

[Viktor]

I have written in this space before about a Family Law case of a cousin of mine. The egregious behavior and rulings of the judge(s) in this case are such that each new attorney considers my cousin insane when presented with his "issues," and they ultimately withdraw from the case, figuratively throwing up their hands at a local court that simply flouts the law and dares the party to do anything about it.

Starting with jurisdiction. Petitioner is a permanent Florida resident (driver, voter, employee, property owner), temporarily living with her parents in Fayette County, Pennsylvania. Respondent is a permanent Florida resident (driver, voter, business owner, property owner, taxpayer). The child of the couple was born in Florida and had never lived anyplace else. The couple lived and were married in Hillsborough County, Florida and never lived anyplace else. Case was brought in Washington County, Pennsylvania, where the Petitioner's uncle is politically connected.

Twelve years of motions, cases, hearings, etc., and Respondent has never been able to even have jurisdiction addressed in this court. The proper Florida court contacted the judge and was told to go **** off.

This is only one of a dozen or more improprieties and outrages visited upon the said cousin. It is not incompetence or a mistake on the part of the Washington County judge. It is an intentional flouting of the law, to benefit the niece of a friend. Not one lawyer, either in Washington Country, or from elsewhere has been willing to confront this judge or challenge his actions in a higher court. Hundreds of thousands of dollars in legal fees, all for nought.

It does happen, especially in Family Court.

After I retired from County service of 14 years, I set up an accounting business(I am a CPA). One of my clients was very frustrating. She kept changing the specifics of the work she gave me. Once she called me at 3AM to make demands. I finally told her to find someone else. CPAs get paid by the hour so she had already paid me for most of the time I spent on her case. When I quit, she demanded I repay her all she had given me. I refused. She sued me in small claims court for $120.
The judge was a female and I knew quickly she was biased against men. She refused to even look at my evidence and my client told her lies. I lost. I even appealed to the Presiding Judge but he did nothing. I know firsthand how bad judges can be.

 

[Viktor]

I have written in this space before about a Family Law case of a cousin of mine. The egregious behavior and rulings of the judge(s) in this case are such that each new attorney considers my cousin insane when presented with his "issues," and they ultimately withdraw from the case, figuratively throwing up their hands at a local court that simply flouts the law and dares the party to do anything about it.

Starting with jurisdiction. Petitioner is a permanent Florida resident (driver, voter, employee, property owner), temporarily living with her parents in Fayette County, Pennsylvania. Respondent is a permanent Florida resident (driver, voter, business owner, property owner, taxpayer). The child of the couple was born in Florida and had never lived anyplace else. The couple lived and were married in Hillsborough County, Florida and never lived anyplace else. Case was brought in Washington County, Pennsylvania, where the Petitioner's uncle is politically connected.

Twelve years of motions, cases, hearings, etc., and Respondent has never been able to even have jurisdiction addressed in this court. The proper Florida court contacted the judge and was told to go **** off.

This is only one of a dozen or more improprieties and outrages visited upon the said cousin. It is not incompetence or a mistake on the part of the Washington County judge. It is an intentional flouting of the law, to benefit the niece of a friend. Not one lawyer, either in Washington Country, or from elsewhere has been willing to confront this judge or challenge his actions in a higher court. Hundreds of thousands of dollars in legal fees, all for nought.

It does happen, especially in Family Court.

You don't need another lawyer. You need to write letters to two places: First to the court Presiding Judge and then to the local Bar Association. Each court has a chief judge who supervises the others. Each county has a Bar Association. If need be, you write the American Bar Association in NY City. Good luck.