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Started By
Message
Child-custody case: conflict of interest between judge and lawyer
Posted on 6/18/14 at 5:01 pm
Posted on 6/18/14 at 5:01 pm
Any lawyers in the house?
A few months ago I beat the odds and won sole custody of my child after lengthy trial. The legal bar is now pretty high to overturn the judge’s ruling in my favor.
Here is what my ex has done now: She hired a new lawyer who doesn’t practice family law and has tried to reopen the case despite no new circumstances that would necessitate a custody change. Why did she hire this lawyer? The lawyer served as treasurer and co-chair of the judge’s winning electoral campaign committee several years ago and now heads his upcoming re-election committee.
What’s the goal/end game here? 1) Does this new lawyer with ties to the judge expect him to outright do her a favor from the bench? Or 2) is the goal to get the judge to recuse himself from the get-go and put this case before a new judge who hasn’t heard all the damning background?
If the goal is #1, why would a lawyer who wants a judge re-elected put that judge in a situation where his ethics and impartiality might be questioned? What if this crazy mom wins custody back due to the judge’s favoritism and then kills her kid during the height of the judge’s re-election campaign?
Is the deck stacked against me now because of this conflict of interest? Or is this just a last-ditch desperate move? I’m hoping that some of the lawyers out there might advise me. Thanks in advance --
A few months ago I beat the odds and won sole custody of my child after lengthy trial. The legal bar is now pretty high to overturn the judge’s ruling in my favor.
Here is what my ex has done now: She hired a new lawyer who doesn’t practice family law and has tried to reopen the case despite no new circumstances that would necessitate a custody change. Why did she hire this lawyer? The lawyer served as treasurer and co-chair of the judge’s winning electoral campaign committee several years ago and now heads his upcoming re-election committee.
What’s the goal/end game here? 1) Does this new lawyer with ties to the judge expect him to outright do her a favor from the bench? Or 2) is the goal to get the judge to recuse himself from the get-go and put this case before a new judge who hasn’t heard all the damning background?
If the goal is #1, why would a lawyer who wants a judge re-elected put that judge in a situation where his ethics and impartiality might be questioned? What if this crazy mom wins custody back due to the judge’s favoritism and then kills her kid during the height of the judge’s re-election campaign?
Is the deck stacked against me now because of this conflict of interest? Or is this just a last-ditch desperate move? I’m hoping that some of the lawyers out there might advise me. Thanks in advance --
9
Posted on 6/18/14 at 5:04 pm to Traffic Circle
There's a first time for everything, isn't there?
She is well past her prime. Just cranked out a second child with the husband who gave her hepatitis C.
She is well past her prime. Just cranked out a second child with the husband who gave her hepatitis C.
Posted on 6/18/14 at 5:07 pm to OogumBoogum
quote:
last-ditch desperate move
Posted on 6/18/14 at 5:08 pm to OogumBoogum
That explains why you got custody.
Posted on 6/18/14 at 5:09 pm to TheFolker
Thanks for y'all's input. It's much cheaper than my lawyer's billable hours.
The hepatitis C is just the tip of the crazy iceberg.
The hepatitis C is just the tip of the crazy iceberg.
Posted on 6/18/14 at 5:09 pm to OogumBoogum
Counter her by hiring an attorney who used to slay her guts.
Posted on 6/18/14 at 5:13 pm to OogumBoogum
quote:
The hepatitis C is just the tip of the crazy iceberg.
Please continue.
Posted on 6/18/14 at 5:13 pm to OogumBoogum
first of all political favors/string pulling trumps everything, but you said the judge has ruled, that portion is out of his hands, you could get screwed on appeal because of political chicanery, because, depending on the state, that's usually non-evidentiary, and takes place behind closed doors, need more info
Posted on 6/18/14 at 5:15 pm to shutterspeed
quote:
Counter her by hiring an attorney who used to slay her guts.
Why would he hire an attorney with Hep C?
Posted on 6/18/14 at 5:15 pm to Camp Randall
quote:
Please continue.
Posted on 6/18/14 at 5:16 pm to Camp Randall
quote:
The hepatitis C is just the tip of the crazy iceberg.
It's about time for a good crazy story.
Posted on 6/18/14 at 5:17 pm to Traffic Circle
Has to be some drug use behind this.
Posted on 6/18/14 at 5:21 pm to OogumBoogum
I would think that since the judge made the ruling while she had her prior attorney that although this new attorney has a conflict of interest with the judge that even if the case went to appeals, her attorney would have to withdrawal due to the conflict of interest rather than the judge recuse himself since she was the one who fired her prior counsel and obtained counsel with a conflict AFTER the custody ruling was made. But I'm not a lawyer, just work for them.
Posted on 6/18/14 at 5:23 pm to OogumBoogum
quote:
The hepatitis C is just the tip of the crazy iceberg.
I'm listening...
Posted on 6/18/14 at 5:24 pm to Traffic Circle
More details:
Got a call from child-protective services one day, saying my kid was OK but the mom was in the hospital. Long story short: She articulated thoughts of killing herself and our kid to her therapist, who reported it to the authorities.
She blamed her episode on anti-smoking drug Chantix, conveniently leaving out the fact that she was snorting cocaine, smoking pot, taking unprescribed Xanax while on a host of other meds for her lifelong depression.
She married a loser – after a 3-month courtship tops -- with Hep C, a history of intravenous heroin and crack use, so bipolar and depressive that he collects a disability check, a convicted domestic abuser with at least three to four DWI arrests on his record, and an aggravated assault arrest for trying to run down a bicyclist in the Quarter.
Got a call from child-protective services one day, saying my kid was OK but the mom was in the hospital. Long story short: She articulated thoughts of killing herself and our kid to her therapist, who reported it to the authorities.
She blamed her episode on anti-smoking drug Chantix, conveniently leaving out the fact that she was snorting cocaine, smoking pot, taking unprescribed Xanax while on a host of other meds for her lifelong depression.
She married a loser – after a 3-month courtship tops -- with Hep C, a history of intravenous heroin and crack use, so bipolar and depressive that he collects a disability check, a convicted domestic abuser with at least three to four DWI arrests on his record, and an aggravated assault arrest for trying to run down a bicyclist in the Quarter.
Posted on 6/18/14 at 5:25 pm to drewnbrla
quote:
AFTER the custody ruling was made. But I'm not a lawyer, just work for them.
there's the key, if the ruling has been made, the initial judge can't re-open before an appeal, and there would have to be reason to file a new motion seeking to reverse/seek custody, something along the lines of proof of him being an unfit parent, (after the appeal process for the initial ruling)
Posted on 6/18/14 at 5:27 pm to OogumBoogum
Your ex sounds like quite the count.
Posted on 6/18/14 at 5:27 pm to OogumBoogum
quote:
Got a call from child-protective services one day, saying my kid was OK but the mom was in the hospital. Long story short: She articulated thoughts of killing herself and our kid to her therapist, who reported it to the authorities.
She blamed her episode on anti-smoking drug Chantix, conveniently leaving out the fact that she was snorting cocaine, smoking pot, taking unprescribed Xanax while on a host of other meds for her lifelong depression.
She married a loser – after a 3-month courtship tops -- with Hep C, a history of intravenous heroin and crack use, so bipolar and depressive that he collects a disability check, a convicted domestic abuser with at least three to four DWI arrests on his record, and an aggravated assault arrest for trying to run down a bicyclist in the Quarter.
And to think I was having a bad day for not taking a regular dump.
Posted on 6/18/14 at 5:31 pm to arseinclarse
quote:
And to think I was having a bad day for not taking a regular dump.
Damn, you too? I need some fiber.
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