My daughter divorced a man in a small Indiana town. His father is the town jailer and works and fishes with the judge. His mother grown up with the judge and thinks nothing of calling him at home. I don't feel the judge should have heard the divorce case since he is friendly in and out of the courtroom with his family. And surprise, he got everything including their little girl. He then went around town telling everyone, he didn't want my granddaughter, he just took her to hurt my daugther. The final hearing took place on a day when traffic was banned in the 4 counties between here and there. When my daughter tried to get the hearing postponed she was told to bad, the locals are here. This has been going on for the last 3 years now and we could sure use some advice.
2007-01-06 13:36:30 · 5 answers · asked by hespinoza47670 1 in Family & Relationships ➔ Marriage & Divorce
Find out whom in your state you can file a complaint with.I am pretty sure that is illegal for him to have heard the case.He should have stepped down from the case.I personally would go to the media with the story.If your local won't run it call Dr.Phil,Montel everyone.It sounds like your daughter got set up.If that judge was an honest person he would have refused to hear the case even if he had to have a change of venue.(Moved it to anthor town). If you make a public issue out of it the judge will probable be more willing to reopen the case.You can also file for an appeal.But I would find out from the state courts about having it heard by them.At very least you should be able to get your case appealed.Remember to have your lawyer ask for a change of venue so you won't get that judge or any of his fishing buddies.You need to be active in your case go to your local library and research your case.If they don't have the right statue books.Got to your nearest college that has a law library.The schools will usually allow none students to use the library they just won't let you check the books out.The reason for checking into things yourself as well has having a lawyer do it. Is because sometimes lawyers don't try has hard has they should especially if they think you are not well versed in your rights or the legalitites of your case.Also try to find a lawyer that is not in your town.You don't have to use a local lawyer.Your lawyer can come from anywere has long has he/she is licensed to practice in your state.Good Luck!
2007-01-06 15:02:44 · answer #1 · answered by Anonymous · 0⤊ 0⤋
it is called conflict of interest.. she needs a new lawyer from a neighboring town and to take it to a higher court.. she may even be able to bring up charges against the judge if she win the case ..all things she needs to ask the new lawyer.. my ex husband laywer became a judge and he could not even hear our case simply because he was his lawyer on a differnet case
2007-01-06 13:56:54 · answer #2 · answered by ? 5 · 0⤊ 0⤋
No, conflict of interest, bias, prejudice. Judge must recuse himself and stepdown. You need to call attorney's and ask if someone would please take the case "Pro Bono" if you don't have funds to get an out of town lawyer!
2016-05-23 01:26:11 · answer #3 · answered by Anonymous · 0⤊ 0⤋
try to get it took to another county or took to a higher court I wish you all the luck in the world hope everything ends up going your alls way
2007-01-06 13:42:25 · answer #4 · answered by B 4 · 0⤊ 0⤋
NO!
2007-01-06 17:21:49 · answer #5 · answered by judgebill 7 · 0⤊ 0⤋