Bias judge?

[AshleyBelle]

What is the name of your state (only U.S. law)?

I am in Louisiana. A friend of mine is divorced with two children and pays her child support. After his income changed he and his ex wife agreed to a different amount to pay in child support. NOw his ex wife has brought him to court and he has been sentenced to 90 days in jail with out bail. He has been paying her child support and has the money order stubs to prove it, but his ex claimed in court that he hasn't paid since may. His ex father in law is a member of the local police force and is best friends with the judge presiding over his case. It has been a week since he was incarcerated and the still have him in a holding cell with 25 other people. He has only had one shower in the past week and he is sleeping on a concrete floor. Many other people have been imprisoned with him for other offenses such as theft and heroine charges and have gotten out on bail the same day. His ex father in law was seen walking out of the judges office with the judge before the trial and they were laughing, then whenever he was sentenced his ex wife and her father laughed out loud in the courtroom. Is this a bias judge, and if so what can we do about it? He has only served a week and the have no plans of assigning him a cell.

[Ronin]

From your post is sounds as if your 'friend' did not have an attorney when he went to court. If not, and if he does not get one, then he may very well end up doing whatever time the judge ordered without much he can do about it.

Were you in the courtroom during the hearing? As these things go, there is probably a bit more to the story than he has told you.

[HomeGuru]

Originally Posted by AshleyBelle

What is the name of your state (only U.S. law)?

I am in Louisiana. A friend of mine is divorced with two children and pays her child support. After his income changed he and his ex wife agreed to a different amount to pay in child support. NOw his ex wife has brought him to court and he has been sentenced to 90 days in jail with out bail. He has been paying her child support and has the money order stubs to prove it, but his ex claimed in court that he hasn't paid since may. His ex father in law is a member of the local police force and is best friends with the judge presiding over his case. It has been a week since he was incarcerated and the still have him in a holding cell with 25 other people. He has only had one shower in the past week and he is sleeping on a concrete floor. Many other people have been imprisoned with him for other offenses such as theft and heroine charges and have gotten out on bail the same day. His ex father in law was seen walking out of the judges office with the judge before the trial and they were laughing, then whenever he was sentenced his ex wife and her father laughed out loud in the courtroom. Is this a bias judge, and if so what can we do about it? He has only served a week and the have no plans of assigning him a cell.

**A: so where was his attorney?

[BL]

If his CS was paid up , why would he be sentenced and put in a Reg. Cell ?

As long as he's in holding , where is his lawyer ?

People laugh and joke around in court rooms all over the United States , nothing biased about it .

It's possible that the Officer and Judge had words about your friend , but who's to say they did ?

[AshleyBelle]

No I wasn't there, but I know someone who was there with him. He doesn't have an attorney and he cant afford one. I read up a little and it says that a judge with any relation to anyone on trial isn't suitable to preside over the hearing.

[AshleyBelle]

Originally Posted by BL

If his CS was paid up , why would he be sentenced and put in a Reg. Cell ?

As long as he's in holding , where is his lawyer ?

People laugh and joke around in court rooms all over the United States , nothing biased about it .

It's possible that the Officer and Judge had words about your friend , but who's to say they did ?

I was just trying to give a little insight as to what was going on. The judge completely dismissed the evidence he had that he had been paying his child support. The judge is also very good friends with his ex father in law, so good of friends that they spend holidays with each others families. Do you think that someone with that kind of relations to the family should be the judging this case. Do you really think he wouldn't be bias? There was a similar case just before my friends and the ex husband owed 19000.00 dollars in child support and this same judge did not even sentence him to jail time. The same judge also granted bail to people with far more offensive crimes. And as to 'who's to say they did have words?', I am. The ex father in law has threatened him with this before. What I am asking is what can we do to help him?

[Ronin]

What I am asking is what can we do to help him?

Unfortunately, without an attorney, very little. Either find some way to get him an attorney or he will simply stay where he is until his sentence is up.

[AshleyBelle]

Are the court appointed attorneys any help?? The one my aunt has been talking to just sounds like he could care less what happens to my friend.

[garrula lingua]

You mustn't have full information.

He could not have been convicted without the offer of an attorney being appointed if he couldn't afford an atty (most jurisdictions appoint an atty & if the defendant could have afforded an atty, they later charge attorney fees).

Also, money order 'stubs' are useless (the actual m.o. could have been written to anyone).

When the Def knew he was going to be charged with contempt, he could have ordered copies of the 'endorsed' (cashed, with signature shown) money orders (about 8. each, but he could have proved he paid some $ & actually had a defense).

Additionally, most orders state that child support is payable to a central registry/disbursement unit & obligors are warned that any direct payments are considered gifts.

An obligor also can't arrange with the obligee to pay a different amt than the court ordered (that's a direct admission of contempt of court).

Judges usually allow 'habeas' or 'jail review' motions on the part of defendants such as he is. They also frequently set 'coercive' amounts (pay this amt of money & you'll be released). Check on whether there was a coercive amt set, and try to scrape up the $.

PS: when the jails are over-crowded, this type of defendant is the first one released.