Re: Proper procedure?

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On 9/23/03, Marge wrote:
> There's no question that my son, Jim, was in contempt of
> the child support order. As in many divorces, the money to
> keep up with everything is just not there. Shortly before
a
> hearing his attorney withdrew from the case because he
also
> is owed money. Legal Aid has Jim on a waiting list but
that
> takes time. Jim sent a letter to the court asking for a
> postponement until Legal Aid could represent him. Denied.
> Because there was a good chance that he would go to jail,
I
> drove him to court so his car wouldn't be sitting there
and
> because we are friends and we support each other in good
> times and bad.
> To get to my question, when facing jail time, isn't it
> required that the judge allow the person time to get any
> attorney? Instead, the judge said that often people lie
> about contacting Legal Aid as a delay tactic, an attorney
> can't help when a person is in the wrong anyway, and
> proceeded to humiliate Jim for one hour. "Why did your mom
> bring you to court; I always wonder about men your age who
> bring their mother's with them; Where do you live, with
> your mom?; You don't seem to be doing well in the
> restaurant business, maybe you should try Bigfoot(A local
> convenience store); Did you eat last week before paying
> child support?"(Judge has no clue that Jim has been
> diabetic for 25 years and if he doesn't eat, he dies and
no
> one gets child support.)This kind of thing went on for one
> hour. Disciplinary action is one thing; public humilation
> is another. Isn't a judge supposed to treat everyone with
> respect?(Canon 3,Judicial Ethics). Does any of this sound
> right?
> Jim is not a deadbeat. He lost his job at the same time he
> seperated from his wife and that was not a coincidence.
> Several $8.00 an hour jobs didn't do more than keep the
> lights on and food on the table, things the judge said
were
> not important. Jim lost his restaurant management job a
few
> weeks ago because of downsizing and is doing whatever he
> can to make money while sending out resumes. This is
> actually imaterial but I wanted to make the point that Jim
> does work. He's intelligent and articulate. Except for
that
> hour in court.
> I'm looking for answers and advice. Thanks. Marge

Marge, you are 100% right, the Judge is an A... hole. They
degrade people like that and if the person sticks up for
thier rights the Judge threatens Contempt. He wasted the
taxpayers time and money. You probably have little recourse
legally except as you qouted about the cannon of ethics. Any
action you take against him just for principle purposes will
do no good and maybe if your son ever came up in front of
the judge again it would go worse. You could write a letter
to the Judge himself and the bar association with your
grievance, but it would only be for self satisfaction.
Judges basically enjoy ' immunity ' from being sued, unless
the rights of the defendant etc., have been violated so
clearly it would be obvious to anyone. Marge this is one of
those things in life little people, me included, I do not
have any position in society, that we have to deal with even
though it is CRAP. Your son bringing you to court has
absolutely nothing to do with anything. He is in a position
of POWER, Mr. big shot, and he lets people know it. He is a
JERK and probably the whole courthouse and everyone that
works for him knows it, but until re-election a judge can
only be removed a few ways and what he did would not even
qualify remotely for any discipline, sorry to say. Good luck
to you and your family.

Re: Proper procedure?, 9/25/03, by Marge.

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