Judge hands down order after unethical communication...

What is the name of your state?Alabama

https://forum.freeadvice.com/showthread.php?t=318918

The link above is to a post I made earlier in the week. I'm back for more opinions or guidance. My ex husband's attorney had sent a letter to the judge without sending a copy to me also. In the letter he presented documents, "proving" that my ex could not follow the judge's order and asked for "guidance and "direction.

I found out about the letter through the court clerk. At no time did my ex's attorney or the judge make any attempt as far as making me a party to the communication or giving me an opportunity to respond.

Today I recieved a letter stating that my ex is no longer considered in contempt, all sentences are suspended. In effect the judge handed down an order and has now jumped tracks and has handed down another order which basically nullifies what his previous order stated. All this was done based on communication that took place between he and the ex's attorney.

How can this be legal? Can a judge hand down such an order without first giving me the opportunity to respond? This all seems so retarded!!What is the name of your state?

Agita said:

What is the name of your state?Alabama

https://forum.freeadvice.com/showthread.php?t=318918

The link above is to a post I made earlier in the week. I'm back for more opinions or guidance. My ex husband's attorney had sent a letter to the judge without sending a copy to me also. In the letter he presented documents, "proving" that my ex could not follow the judge's order and asked for "guidance and "direction.

I found out about the letter through the court clerk. At no time did my ex's attorney or the judge make any attempt as far as making me a party to the communication or giving me an opportunity to respond.

Today I recieved a letter stating that my ex is no longer considered in contempt, all sentences are suspended. In effect the judge handed down an order and has now jumped tracks and has handed down another order which basically nullifies what his previous order stated. All this was done based on communication that took place between he and the ex's attorney.

How can this be legal? Can a judge hand down such an order without first giving me the opportunity to respond? This all seems so retarded!!What is the name of your state?

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If you don't like a judgment in a lawsuit, you must appeal it.

seniorjudge said:

If you don't like a judgment in a lawsuit, you must appeal it.

Click to expand...

You cam't appeal a judgement just because you don't like it!

Agita said:

What is the name of your state?Alabama

https://forum.freeadvice.com/showthread.php?t=318918

The link above is to a post I made earlier in the week. I'm back for more opinions or guidance. My ex husband's attorney had sent a letter to the judge without sending a copy to me also. In the letter he presented documents, "proving" that my ex could not follow the judge's order and asked for "guidance and "direction.

I found out about the letter through the court clerk. At no time did my ex's attorney or the judge make any attempt as far as making me a party to the communication or giving me an opportunity to respond.

Today I recieved a letter stating that my ex is no longer considered in contempt, all sentences are suspended. In effect the judge handed down an order and has now jumped tracks and has handed down another order which basically nullifies what his previous order stated. All this was done based on communication that took place between he and the ex's attorney.

How can this be legal? Can a judge hand down such an order without first giving me the opportunity to respond? This all seems so retarded!!What is the name of your state?

Click to expand...

Ok now we have a few more facts and I see what happened.
Your ex via his attorney petitioned for ADA accommodations, these petitions are administrative and confidential, they are also exparte and you are not privy to them nor may you contest them. Sometimes due to the nature of litigation the exparte matter might be heard by a different judge and after a judgement in handed down. You are not notified of these hearings and actually the clerk shouldn't have told you anything. However now your ex was found to not be competent therefore the judgement was set aside or dismissed.

An ADA accommodation has to do with having a physical or mental disability. Although I will be the first to admit that my ex is mentally deficient he is neither mentally or physically disable and that has nothing to do with what went on.

The attorney wrote a personal letter to the judge that the judge sent downstairs to the clerk so that it could be copied and included in our file. There were no petitions of any kind involved. I call the clerk weekly to see if there is anything new in the file. That is how I learned about the ex parte communication via a personal letter to the judge.

There was no hearing, no other judge involved. On Mardh 9th the judge ruled from the bench that my ex was to take certain steps to purge himself of contempt. He gave him 90 days and suspended it for 90 days to give him time to get it done. At the end of that 90 days the ex was to report to jail if he had not "purged" himself of the contempt.

In the letter that the attorney sent to the judge he used the same argument that he did the day we went to court. He asked the judge for "guidance" because, according to him my ex would not be able to follow through. The judge told him it wasn't his job to tell my ex how to do it, it was his job to tell my ex to do and that he better get it done or he would go to jail.

Why did the judge even write the order in the first place if he were not going to stand by his own orders? Why tell a man he didn't care how he got it done and then two months later let the man off the hook after he uses the same argument?

This matter can be easily appealled based on the ex parte communication and the judge handing down a ruling without making sure I was given the opportunity to respond in a timely manner.

If they found him incompetent you have no grounds. The attorney's letter is a petition you were not to have access to it at all, how the judge hears the petition is their business, sometimes it is done in writing. It should have gone in the confidential portion of the file.

There was no "petition." I've filed court petitions before and know the difference between ex parte communication and a petition or motion. He hasn't been found "incompetent" of anything.

I don't want to be rude but you talk with authority. I'm afraid you don't know what you are talking about though. I've been battling this issue for four years. The judge didn't "hear" anything. He read a letter that was sent to him alone, a certified copy of the letter should have been sent to me and I should have been given an opportunity to respond to the letter myself.

I don't know why you keep insisting there was some sort of "hearing." It would be nice to be able to petition the judge for a private chit chat. Hell, if that were possible I'd of done it years ago.

This is an example of the judge making a ruling based on an ex parte communication, which, if you will do some research on, you will find out is a great big NO NO.

rmet4nzkx said:

If they found him incompetent you have no grounds. The attorney's letter is a petition you were not to have access to it at all, how the judge hears the petition is their business, sometimes it is done in writing. It should have gone in the confidential portion of the file.

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You are wrong. No party can communicate with the court without providing copies to the opposing party. A motion to seal the information could have been filed, but a party can't just hold one on one meetings with a judge (either in person or by letter).

The poster should hire an attorney since she is way over her head on dealing with this on her own.