Any recourse against the "system?"

What is the name of your state? Alabama

I'll try and make this short...forgive me if I fail. Divorced in 9/99. Ex husband taken back to court for contempt in 11/00. We came to an agreement, he left the court house and continued to refuse to follow the court ordered decree. Taken back for contempt in 5/2001. By this time the ex is in contempt on several different issues.

We go to court, the judge says go home I will hand down a ruling. Nine months later the judge retires because he has been appointed to take over the position of District Attorny by the Govenor. The judge retires from office leaving over 100 cases with no rulings, mine being one of them.

February of 2002 I'm told I have to start from scratch and have everything heard by a new judge. I do this, we petition for a court date and start playing the waiting game. In May of 2002 the original judge decides to rule on one of the issues in my case. My ex's attorney appeals and wins....of course, since the judge is no longer a judge!!

Since May of 2002 we've had one hearing in which the new judge said he would hear all issues and hand down a decision. A court date was set. Since then my ex husband's attorney has continually requested continuances and been granted them. We are set for court again on August the 3rd and I fully expect to be notified within a few days that another continuance has been granted to his attorney.

My question is this. I have been attempting to be heard in this particular court system for over 3 years. Do I not have a right to due process? Do I have any recourse legally when the system fails to make sure my right to due process is not met?
snodderly

So what did your attorney tell you when you asked these same questions?

She told me she didn't know. If she had been able to help me in anyway I would not be hear asking the questions.

Here is the problem. Attorneys don't want to make waves because we are talking about a small town, family court system. The judge who retired and is now the DA has a lot of power and EVERY attorney I have spoken with tells me they won't become involved because they have to work so closely with him.

That is why I'm here asking the question. Any attorney in that area will not give me an unbiased opinion because they fear for their working relationship with the ex judge and the new judge that replaced him. No one is standing up for myself and my children cause they are too busy covering their own butts. I can understand that.
snodderly

There are no attorneys outside your town who don't care about kissing this judge's butt?

Is there something I am failing to understand about this forum?

I'm a bit puzzled by something. Let me try and explain. I came to this forum and ask a question. If I had been able to get an answer from any attorney that I had spoken to thus far I would have had no need to come to this forum to ask the question.

So far I've gotten two responses indicating that my question is not worth an opinion unless I have already consulted all the attorney's you folks feel I should consult.

No, I have not consulted another attorney. I have spoken to the receptionist of a malpractice attorney who tells me her boss won't even give me an opinion without $250 up front. Since I have already spent enormous amounts of money trying to get satisfaction from the family court my financial resources are limited. Hense my reason for coming here and asking my question.

I know no one who has been in my position before, I know no one who might be able to share their own experiences and outcome so, I thought I might find that here.

Was that foolish of me? Should I have first paid the bucks, seen the attorney and then come here and ask my question? If so, that would make the purpose of this forum a bit redundent wouldn't it?

Maybe if I share a little more info someone will be willing to give me an opinion. As I have stated, my financial resources are limited. I can budget the money to pursue this issue but do not want to spend money until I know whether or not it is worth my time and money to pursue it.

I have a college junior to pay tuition for. I have a 13 year old to provide for. I have a home to maintain, mortgage to pay and lots of other places that my money has to go to. So, I have not paid for and spoken to another attorney for those reasons. I don't want to fork out $250 to some attorney for him to tell me that I have no legal recource.

If you feel I am not deserving of an answer because I have not spoken to the appropriate number of attorneys then, please you don't need to respond to the question. If, on the other hand you read my posts and feel my question worthy of an opinion or advice I would greatly appreciate the time.
snodderly

I feel for your situation. I, too, am in Alabama and am being railroaded in a divorce situation. What makes matters worse, is even when posting to boards like this it seems that no one wants do anything when it comes to going against another lawyer. Much less a judge. I don't know if you read my post or even if you want to bother to, but I just had to write and tell you I think I have a good idea what you're going through. I wish you the best.

Here are the answers to your two questions: yes and yes.

Thank you so much Stephen for your generous response.

you are welcome. there is nothing anyone can do from the internet. unfortunately you live in such a small town/county that the available attorneys are afraid to go against the former judge. You received advice to seek counsel outside of your area and you already researched it. the choice is yours - pay the $250 to consult with the attorney or dont.

Well, saw the attorney this afternoon. I drove 3 hours one way for him to tell me there was nothing he or anyone else could do. He said I had to "be patient and wait for the legal system to work." LOL!! Just threw away $250.
snodderly