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Tuesday, December 13, 2005

 
ARE THERE ANY GOOD FAMILY COURT JUDGES OR LAWYERS OUT THERE?

We often receive reports about bad lawyers and judges. But, we have yet to hear much good said about Family Court Judges or Domestic Practice lawyers. In fact, one of our readers forwarded a link to Judicial Accountability Initiative Law - www.jail4judges.org. The founders of J.AI.L. seek to "do away with judicial malfeasance such as ignored laws, ignored evidence, sophistry, eminent domain abuse, confiscation of property without due process, probate fraud, secret dockets, graft, falsifications of court records, and other abuses. When passed decisions in family court will be governed by law rather than the vested interests of the state. The unconstitutional doctrine of Judicial Immunity applied unconditionally will be eliminated by instituting a fair and effective means for its removal in cases that merit it."

According to material on the websste, it is believed that "With passage of J.A.I.L., the People will finally be assured of receiving Due Process of Law in all court proceedings which will include the requirement that judges:

  1. Address all facts presented by the complaining party according to the evidence shown on the record;
  2. Consider opposing facts and evidence as against, and relating to, that of the complaining or moving party (not just arbitrarily superseding plaintiff's facts and evidence);
  3. Apply the appropriate law to the facts determined to be relevant and material to the case according to the evidence of record (considering all evidence of both sides without partiality or bias);
  4. Submit written findings of fact and conclusions of law in all actions and proceedings-- including a written explanation for motion dispositions-- to legally support the judicial decision reached;
  5. Bring the case to a lawful conclusion in a timely fashion as specified by law."

These five goals strike us as being worthy and attainable. But the creation of this initiative makes us wonder whether anyone thinks that there are any good (competent and ethical) Family Court lawyers and judges. If you do. let us hear from you.


Comments:
We have heard good things about The Honrorable Wayme M. Creech (tough, but fair) as well as some of the lawyers who tesified before the Senate Subcommitte on Family Court Reform. Surely, there are others who merit praise.
 
It seems as though their egos go well beyond their intellect at times. The system seems to perpetuate a tough balance between ethics and cronyism with the scale tipped way to often to the latter and in certain attorneys directions.

With the proper raw data, some simple statistics might reveal some insights into the inner workings of local courts. So how do you go about getting the data?

In my opinion, one way to make them more accountable, is for watch dog groups, like this one, to develop, promote dialogue and gain influence.

Keep up the good work, I enjoy the content.
 
Though we are not active enough to be considered a "Watchdog" group, we do agree with Anonymous and wish that more peole would take an active role in selecting judges. We would also like to see people demand strict application of the Family Court Rules, even when violation of those Rules works to their advantage.

In response to mclaren583, we have no idea why nobody has had anything nice to say about their attorneys. Maybe no one reads this Blog. We do know that, in private, some people have identified competant and ethical judges and attorneys to us. Maybe they want to keep it their secret.
 
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