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| Parenting Issues This forum is for discussing any of the parenting issues involved in your divorce, including parenting of step-children. |
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#1
12-16-2021, 04:22 PM
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rigged judge?
Hi,
So we had a motion and it didn't seem fair. My city is relatively small and all the judges know all the lawyers. My lawyer is from out of town. The judge walks in and the first thing he says: "I deal with [HER LAWYER] on many files, in fact he requested me for this motion" He then proceeded to not allow any oral arguments and agreed with her side's proposition. I do not think a judge can a adjudicate a matter knowing he was hand picked by one side. Just doesn't seem fair to me 
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#2
12-16-2021, 09:53 PM
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Was her proposition valid?
My husband’s lawyer was from out of town and the judge went to university in our city. He made several references to our city including asking if a certain restaurant was still open. His ex lost the motion and she said it was because the judge liked our city. Truly it was because her motion was frivolous and without merit.
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#3
12-16-2021, 09:57 PM
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This is a little different
I take exception that her lawyer went through back doors at the court to get the lawyer he wanted
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#4
12-16-2021, 11:02 PM
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Quote:
My lawyer was pretty seasoned and was able to name off all the traits of each judge in our jurisdiction. I recall my lawyer telling me before each appearance: "If it's Judge X, they tend to go this way" "If you get Judge Y, they are lenient and tend to favour that approach" "If you get Judge Z, they are harsh and angry and very by the book"
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#5
12-17-2021, 06:20 AM
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Yes exactly, so why else would he pick a certain judge
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#6
12-17-2021, 08:46 AM
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It could also be because some judges fuck up stuff. A friend thought he was going to have Pazaratz but it ended up being another judge who does not normally handle post secondary. That judge fucked everything up and gave a terrible decision in the matter.
As terrible as it is to have them rule against you, having a hand picked judge may not be the reason it was decided that way. Im not saying that what happened wasn’t wrong, I’m simply saying that some judges won’t be that bold especially when their decisions can be appealed.
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#7
12-17-2021, 08:50 AM
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I agree with your position on cases should be won on a merit
But if you know how a judge would lean and you go behind the scenes to pick him...
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#8
12-17-2021, 09:31 AM
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Yes but if your case is complicated would you not want to make sure the judge is knowledgeable on that info as opposed to someone who isn’t? Kind of like getting a judge who is better at custody matters if that’s your issue as opposed to one who is an expert in financial stuff.
The friend I referenced had a judge who was known for custody matters and did not understand post secondary, RESPs or support for a kid living away at home. He ended up losing about $2000 (possibly more) because the judge couldn’t follow his ridiculously straight forward arguments. Meanwhile the three judges they had already had sided with him in all of their instructions to his ex.
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#9
12-17-2021, 09:36 AM
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Hard to say...
But, if you lawyer recommends appealing the order then I would recommend you follow your lawyer's advice. If you ask the lawyer if the decision should be appealed and they say no... then... no error in law was probably made.
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