My father has a case and on the day of the hearing is attorney did not turn up(civil case). The attorney notified the court of a scheduling conflict and the clerk confirmed receipt of the notification. However, on the day of the hearing, the court stated that they had not been informed and were not happy about the attorney not being there. The judge proceeded without my fathers attorney despite his 20-25 time request not to proceed without his attorney. The judge made a ruling on the matter. The attorney does have proof that the clerk of court confirmed receipt of the notification that he would not attend. The lawyer that was pretty bad, had since quit.
Can the judge rule despite the fact that my father asked the court not to?
2006-09-08 12:24:27 · 11 answers · asked by skot2uk2000 1 in Politics & Government ➔ Law & Ethics
yep. a judge can rule without you present as well.
2006-09-08 12:29:34 · answer #1 · answered by Anonymous · 0⤊ 0⤋
If the judge knew your father had counsel, but went ahead with a hearing and a Finding of Fact, he has committed judicial misconduct and should be reported to the bar and the Supreme Court of your state! That is grounds for disbarment!
A judge cannot go forward with a trial, and directly hear or ask them anything without his attorney being there! If your father had wanted to go pro se he could have, but he did not!
The judges issue is with your father's attorney!
Your father's attorney is not a party! He is a parties attorney and has a legal interest!!
You have an appeal to a higher court! I don't know how long it has been since the trial!
Most civil trials have jurys, unless small claims!
This is the Canon the judge violated!
6) A judge should accord to every person who is legally interested in a proceeding, or that person's lawyer, full right to be heard according to law, and, except as authorized by law, neither initiate nor consider ex parte or other communications concerning a pending or impending proceeding. A judge, however, may obtain the advice of a disinterested expert on the law applicable to or the subject matter of a proceeding if the judge gives notice to the parties of the person to be consulted and the nature of the advice, and affords the parties reasonable opportunity to participate and to respond
2006-09-08 12:32:05 · answer #2 · answered by cantcu 7 · 0⤊ 1⤋
It stands to reason that a judge should be able to rule even without attorneys present. Otherwise the person who is losing the case could tell his attorney to never show up, and thereby prevent the judge from ever making a ruling.
Of course it's nice if the judges are flexible with these kinds of things, but if he has a busy schedule and feels it's clear what the ruling should be, then it's understandable for him to go ahead and make that ruling even if someone's attorney isn't there.
2006-09-08 12:35:54 · answer #3 · answered by Bramblyspam 7 · 0⤊ 0⤋
Yes the judge can rule. Your father can appeal the judgment, but when a party to an action fails to appear the judgment is usually against the one who does not show. Your father did appear, but apparently did not have enough legal knowledge to find the right combination of reasons for a postponement.(getting a new lawyer might or might not have worked) An appeal should still be possible based on the proof of notification to the court that the attny was not available.
2006-09-08 12:30:12 · answer #4 · answered by Silvatungfox 4 · 0⤊ 0⤋
Of course the judge can rule anytime and in any way or manner that he wants.
Can that ruling be overturned in an appeal court, of course.
So now you get another attorney and file an appeal.
2006-09-08 16:40:33 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Yes, if one party does not show up, the judge can still issue rulings.
If you or your (new?) attorney act quickly, you may be able to ask the judge to reconsider the ruling. But such a motion must be made quickly.
2006-09-08 13:09:32 · answer #6 · answered by coragryph 7 · 1⤊ 0⤋
I've seen them do it more than once. It's not a given that if the attorney gives notice he can't make it things grind to a halt anyway, they can still go ahead without him. It's up to him to either be there, make sure it gets rescheduled, or send someone in his place.
2006-09-08 12:34:18 · answer #7 · answered by Anonymous · 0⤊ 0⤋
sure if your dad was there and didn't ask for a continuance . they don't just rule unless he waived it.However if he was misrepresented he could go back on the law firm as a 3rd party . Call the bar association. They can answer your questions and tell you if something was not right
2006-09-08 12:32:50 · answer #8 · answered by mike L 4 · 0⤊ 0⤋
Your fathers authority to prevent a ruling sometimes, but in rare cases, reaches as high as zero.
2006-09-08 12:29:23 · answer #9 · answered by Colorado 5 · 0⤊ 0⤋
i don't think of everyone in this board can furnish you with extra appropriate suggestion than your criminal professional. In Texas (i'm no longer positive of the regulations elsewhere) baby help and visitation are 2 seperate topics. in basic terms because he has to pay baby help would not advise that he immediately receives joint custody or visitations ... on the different hand, if he does get visitations, you could not withhold them if he's not paying baby help.
2016-11-06 22:30:04 · answer #10 · answered by fleitman 4 · 0⤊ 0⤋
Absolutely, the judge is generally the final authority,
you can appeal his decisions. but yes he can make a judgement
without anyone there.
2006-09-08 12:30:01 · answer #11 · answered by Anonymous · 0⤊ 0⤋