Sometimes, REVENGE is sweet, and restores faith in the system...

[lawrocket 3]

I had an experience in court back in October that led me to begin to lose my faith in "the system." In the last week, this faith has been somewhat restored. I am informed and believe that I got an asshole judge removed from his post.

Background:

My client is a now 19 year-old girl from Michigan who left here with her then 2 year-old daughter last January pursuant to consent from then 27 year-old hubby. She took daughter here for visitation with dad in April. It turned out that he had gotten a Temporary Restraining Order against her. Illegally,without serving her or giving any notice. He joined the Army and headed out for BCT in June, so she came and got her daughter. She was then reported for parental kidnapping and arrested, facing extradition.

I went to court in October to quash this TRO. I made a pretty damned good showing of the problems. Unless this TRO was quashed, some poor mother was going to be extradited within a week for violation of an illegal order.

Now, the judge in this matter was well-known for his caprice, and many attorneys in town will no longer appear before him. I'd had my run-ins with him, but there was no way he coul deny this motion. It was too cut and dry.

Then again, I am pointing out to this judge that he and another judge made a serious error. I heard he doesn't like to be told he was wrong.

After meeting with the district attorney in chambers for about a half hour (which I find to be wholly improper without my presence), and after citing "policy" that is neither written nor ever heard of by any attorney I spoke to about it afterwards, this Judge proceeds to - in open court - call me a liar who misrepresented everything in the motion, calling me a pain who brought an improper motion under his unwritten "policy," and chastised me for wasting the court's time with improper practice.

I said, "So, your honor, is the motion denied?" He snapped back, "I am making no such ruling on this motion! It is improperly brought!" I informed him of the California Rules of Court, by number, which stated that any local rule or policy is trumped by the rules of court, and I want a statement of decision from the judge on the record as to the reasons why he is making his decision, whatever the decision was. He yelled back, "I don't have to give a statement of decision for this. READ THE CODE!" I said calmy (my calm really pissed him off), "CCP section 632 says you have to. This isn't Family Code I'm talking about."

At which point said judge slams his hand on the bench and says, "Listen, counsel. I am making no ruling on this PERIOD. I am going to take this off calendar, unless you'd like our next available hearing date." In other words, this judge was going to leave me without a strong basis for appeal, because he had made no ruling on the merits of the order. I took the option of the hearing, which he scheduled for 5 MONTHS OUT.

Client gets arrested and extradited out here. I associated a criminal counsel. We submitted a writ (a process for speedy appeal because of risk of irreparable harm) which was denied because the order was not appealable.

We then went into her criminal matter, using my brief to demonstrate to the court that the underlying warrant was improper. The criminal judge took notice, and was certainly favorable to us. Client released without bail to return for future dates.

Start of Restoration of Faith

I had immediately begun my personal crusade against this judge starting the day of that hearing. HE put a girl in jail, and refused to correct it when told of the errors. Not only that, he personally attacked my character instead of judging the merits. While that is fine online and in a court of public opinion, it ain't cool with this from a court of law.

The appeal and the aggressive pointing out of the procedural posture to the criminal court were designed to assist my client. Of course, inherent in these matters was an attack on the caprice of this judge, whose past actions demonstrate that he is, in my opinion, a megalomaniacal sociopath. The vast majority of people dont' have the funds for an appeal. SO, he did what he wanted to do, often irregardless and in direct contravention of the law. And he knew it. Without supervision, what's the point.

Last Thursday, I learned that this judge had been reassigned from his role as a presiding judge in this department to the role of a "floater." IT means he has no courtroom of his own. He must spend two days per week traveling 90 miles each way to an outlying courthouse. Another two days traveling 30 miles to an outlying courthouse, and Fridays locally handling administrative court work. All under supervision of other judges.

I was happy that I won't have to deal with this judge anymore. I felt happy that injustices could be avoided. I just felt sad that I didn't get the joy of destroying his career, and this guy deserved it.

My wife thought that the timing of this was more than a coincidence. I thought it was a coincidence. There were a lot of attorneys who were challenging him for cause and winning, which is not good for the court because it burdened the other department with a bunch of his cases.

I found out that an out-of-town attorney lodged a complaint with the state about this judge a while back. Apparently, considering that and the number of challenges, this judge was on pretty thin ice.

I have since been told by a couple of attorneys who are well connected that the key event on this was with a motion to quash that he refused to rule on, and apparently the appeals court and criminal court made noise about what he did because it put some poor girl in jail. They didn't know that I did this motion, and I haven't pointed it out to anyone who mentioned it, since some attorneys are upset because this judge played favorites, and some are his favorites.. So I guess I had some responsibility, and that makes me glad.

I have since been told that he has been very nice, proper and even sad. It's almost pathetic, from what I hear. I guess, he's been what a good judge should be since this happened. I'd like to say bygones are bygones...

BUT - he caused some poor girl to spend almost 30 days in jail and have her daughter taken from her. She still hasn't seen this little girl, and won't until we have other orders, which can take some time. That is unforgiveable, in my opinion.

But I guess the system works.

My wife is hotter than your wife.

[Darius11 12]

I read your post and have to say it made me feel better about our justice system just knowing that there are lawyers like you who will fight for what is right.


Right on bro.

I'd rather be hated for who I am, than loved for who I am not." - Kurt Cobain

[kallend 1,653]

Nice story - congratulations.

I hope you have better judges in charge of capital cases.

...

The only sure way to survive a canopy collision is not to have one.

[monkycndo 0]

Way to go for being a part of the system that works.

50 donations so far. Give it a try.

You know you want to spank it
Jump an Infinity

[chadkal 0]

now you only have about 1 million more judges to go, and then the system might work.

sorry, I have never seen anything but an unjust system, filled with coruption. justice is a joke, and the system a farse.

I do applaud you in your efforts to change that system

--------------------------------------------------
I am a greek midget

[chuckbrown 0]

Outstanding! Great job.

[airtwardo 6]

Good on you!!


You should send him an autographed copy of the criminal code and procedures for Christmas...!

"Nice doin' business with ya!"

~ If you choke a Smurf, what color does it turn? ~

[hexadecimal 0]

Look at things on the bright side...

People like that judge usually end up dying of cancer or a heart attack
Unfortunately, though, there will be 10 more mental midgets on power trips waiting to replace him

[Guest]

Noice. Thanks for sharing.

"The mouse does not know life until it is in the mouth of the cat."

[McDuck 0]

It's good to know that there are people like you operating within the legal system.

Thanks for sharing this.

Kevin - Sonic Beef #5 - OrFun #28
"I never take myself too seriously, 'cuz everybody know fat birds don't fly." - FLC
Online communities: proof that people never mature much past high school.

[j0nes 0]

if "regardless" means without regard, what does "irregardless" mean?

[McDuck 0]

Quote

if "regardless" means without regard, what does "irregardless" mean?

It's a nonstandard, casual, much maligned version of "regardless". But thanks for the hijack attempt.

Kevin - Sonic Beef #5 - OrFun #28
"I never take myself too seriously, 'cuz everybody know fat birds don't fly." - FLC
Online communities: proof that people never mature much past high school.

[Elisha 1]

You rock! So I guess you're one of those 1% that are made to look bad by the other 99%.

Quick legal opinion...I got a speeding ticket back in the summer, paid the fine and then need to go to traffic school. After a couple months of not getting the traffic school list and completion date, I called the court and found out that they sent it to the wrong address - the officer switched two of my digits when he wrote the ticket. I guess the mailperson figured it out the first time but not the second. When I called, my completion date was only a couple weeks away (12/28). They said I could honor the original or write a letter. I wrote a letter. Are they likely to honor my letter? I think I provided a reasonable (non-snarky) explanation.

[j0nes 0]

Quote

It's a nonstandard, casual, much maligned version of "regardless". But thanks for the hijack attempt.

if the guy is going to toss around nickel words like caprice and megalomaniac, you'd think he could "regardless" correct.....

[McDuck 0]

Quote

if the guy is going to toss around nickel words like caprice and megalomaniac, you'd think he could get "regardless" correct.....

Fixed it for you.

Kevin - Sonic Beef #5 - OrFun #28
"I never take myself too seriously, 'cuz everybody know fat birds don't fly." - FLC
Online communities: proof that people never mature much past high school.

[freeflynick 0]

HUGE props to you!! It's not too often you hear of a lawyer brave enough and ethical enough to go out on a limb like that and put in the extra effort to make wrongs right - much repect!!

Stickin it to The Man!!!

Hobbes: "How come we play 'War' and not 'Peace'?"
Calvin: "Too few role models."

[HARMONROCKETII 0]

I bet it was J.M. Petrucelli, He sure HATED me!!!!!!

[soulshine 0]

Hey, an attorney with a heart. I thought they were just a mythical person like Santa Clause, the Easter Bunny, and the Tooth Fairy.

You have proved me wrong and I am glad for that. It is good to see that there are people like you in our justice system.

Bombing for peace is like fucking for virginity!
~DEVIOUS BEEF~~FGF #69~

[j0nes 0]

Quote

Quote

if the guy is going to toss around nickel words like caprice and megalomaniac, you'd think he could get "regardless" correct.....

Fixed it for you.

I did that on purpose so you could feel as superior as I do.

[cloudseeker2001 0]

This is just the sort of event that gets me the most. This person should not be placed on the equivalent of administration flotation, he should be jailed or worse. These people are supposed to be the most respected in our society, people who are supposed to be the most just and trusted.

"Some call it heavenly in it's brilliance,
others mean and rueful of the western dream"

[BillyVance 34]

That is great news...

One of the founding principles of this great nation is the checks and balances built in at every level of government. Ideally, under this system, no one is above the law. However, to bust someone in authority for being "above the law" takes time and effort to prove. You may be right that it was a coincidence that your case was the catalyst that was the judge's undoing, but then, like you said, he had it coming...

Good job though!

"Mediocre people don't like high achievers, and high achievers don't like mediocre people." - SIX TIME National Champion coach Nick Saban

[akarunway 1]

"BUT - he caused some poor girl to spend almost 30 days in jail and have her daughter taken from her. She still hasn't seen this little girl, and won't until we have other orders, which can take some time. That is unforgiveable, in my opinion."_____________________________________________So. You're going to handle the rest of the case Pro Bono since it's the right (moral) thing to do? If you already are I applaud you

I hold it true, whate'er befall;
I feel it, when I sorrow most;
'Tis better to have loved and lost
Than never to have loved at all.

[gordy 0]

Great to hear man.

[morningdove831 0]

As a paralegal myself, it is encouraging to see a lawyer out there fighting for what is right! Way to go!

One who looks for a friend without faults will have none. -- Hasidic Saying

[lawrocket 3]

Quote

You're going to handle the rest of the case Pro Bono since it's the right (moral) thing to do?

No, I'm not handling it pro bono because it is the "right thing to do." I wrote off $4k of legal charges because it hasn't been all about her anymore. It's been about her. And, it's been about ME. And I'm not gonna charge for things being about ME. The last two months, I haven't charged her a dime. And I probably won't until this whole criminal matter is taken care of.

Besides, I am only assisting the criminal side. Another lawyer is handling that and I'm more of a liaison and mutual advisor. I can't in good conscience charge her for appearing at criminal court if I'm more of a second-chair in it.

My wife is hotter than your wife.