Judge on wife case is member of family!

[Txtodd63]

I have a a question I debating in my own thoughts do to the fact I have very little legal knowledge, but my wife is going through a criminal charge and and the judge who resides on case in Arkansas happens to be not on my father's golfing friend as well they are brother n laws married to sisters! In the beginning of it all we thought this is gonna be a great thing for the home team but he has really screwed us in whole ordeal! Let me start off by saying becouse of there buddy buddy relationship he (judge) knows a ton more about us, more than average joe would anyway! He Evan told us (judge) that him sitting on case was kinda gonna be a hairy situation for him to Evan do, but he was gonna take it on anyway! A week b4 they offered her a plee, we were told to call judge and he was dicuss with us what he recommended to d.a that she take smarter sentencing program Evan though restitution was too high to really Evan be considered for program, but he stated if she completed everything in program other than restitution he would wipe amount away! She completed all required tasks off program, and at time to go for what we thought was a final court appearance wound up with not only restitution amount but drug court program! I myself don't know how any fair decision could be made at all due to fact of his knowledge im sure shared at golf course my dad to judge talking to about his problematic son and daughter n law! Just don't think it has been handled as court case her now sitting in a cell becouse she had her first infraction where most get community service for their firsts

 

[Taxing Matters]

I have a a question I debating in my own thoughts do to the fact I have very little legal knowledge, but my wife is going through a criminal charge and the judge residing on her case is my dad (defendants husband's father's brother in law) which legal definition what i can determine falls under family!

This is not clear. Are you saying that the judge in the case is your father? Or are you saying the judge is your father’s brother-in-law (i.e the judge is married to your father’s sister)? That makes a big difference. If the judge is your father’s brother-in-law then he is not, in fact, related to your wife other than rather indirectly by marriage. That kind of remote relationship does not automatically mean the judge is biased. Moreover, usually if the judge was related to the defendant the presumption would be that the judge would be biased in favor of the defendant, not against the defendant.

He first off was very aware of case first he made a call to let her out jail on own recognasance after another judge imposed a $50,000 bond!

And indeed this actions suggests just that: the the judge is biased in favor of your wife. I wouldn't think she’d complain about that. Rather, I think the prosecutor would be the one complaining if the judge had that bias.

Can I file judicial misconduct?

The remedy here would be to file to ask to have the judge recused from the case. That’s not something you can do because you are not a party to the case. You can let the prosecutor know of the relationship the defendant has with the judge; if the prosecutor has a problem with it the prosecutor will file the appropriate motion.

 

[LdiJ]

I have a a question I debating in my own thoughts do to the fact I have very little legal knowledge, but my wife is going through a criminal charge and the judge residing on her case is my dad (defendants husband's father's brother in law) which legal definition what i can determine falls under family! He first off was very aware of case first he made a call to let her out jail on own recognasance after another judge imposed a $50,000 bond! That being after defendants father in law made a call to his brother in law newly elected. Can I file judicial misconduct?

What happened that you considered to be misconduct? Did you want your wife to go to jail and she didn't, or did you want your wife to not go to jail and she did?

 

[quincy]

I have a a question I debating in my own thoughts do to the fact I have very little legal knowledge, but my wife is going through a criminal charge and the judge residing on her case is my dad (defendants husband's father's brother in law) which legal definition what i can determine falls under family! He first off was very aware of case first he made a call to let her out jail on own recognasance after another judge imposed a $50,000 bond! That being after defendants father in law made a call to his brother in law newly elected. Can I file judicial misconduct?

What is the name of your state?

Please clarify as your post as worded is confusing.

 

[Shadowbunny]

I have looked at this "my dad (defendants husband's father's brother in law)" until my eyes crossed and STILL can't figure out the relationship to OP.

 

[quincy]

I have looked at this "my dad (defendants husband's father's brother in law)" until my eyes crossed and STILL can't figure out the relationship to OP.

It could be that the judge is Todd's uncle (his dad's brother-in-law) - but if it's Todd's uncle, it would have been far easier for him to just say that.

 

[Shadowbunny]

Perhaps Todd is his own grandpa as well?

 

[quincy]

Perhaps Todd is his own grandpa as well?

Describing some family relationships can certainly be a challenge ... but I think Todd might have made the judge's position in the family more complicated than it needed to be.

If Todd will return with his state name, I can provide him with the conflict of interest rules for his state. I suspect he might live in Texas but I hate to guess.

 

[HighwayMan]

...he made a call to let her out jail on own recognasance after another judge imposed a $50,000 bond! He (judge) evan spoke with us on telephone regarding case!

Sounds like a good thing for your wife so why would be looking to make things difficult for this judge? Unless of course you don't want your wife to have an easy time.

You edited your post for "clarification" yet there's a lot there that needs to be clarified.

 

[quincy]

Yes. Editing in the state name would have helped.

Given that the judge is Todd's uncle, though, the relationship between Todd's uncle and Todd's wife is distant enough that there would not likely be a conflict of interest based on that alone.

I agree with those who say that the judge's decision seems to have benefited the wife, so Todd's concern is a curious one - unless someone else is challenging the decision by the judge.

 

[quincy]

I have a a question I debating in my own thoughts do to the fact I have very little legal knowledge, but my wife is going through a criminal charge and and the judge who resides on case in Arkansas happens to be not on my father's golfing friend as well they are brother n laws married to sisters! In the beginning of it all we thought this is gonna be a great thing for the home team but he has really screwed us in whole ordeal! Let me start off by saying becouse of there buddy buddy relationship he (judge) knows a ton more about us, more than average joe would anyway! He Evan told us (judge) that him sitting on case was kinda gonna be a hairy situation for him to Evan do, but he was gonna take it on anyway! A week b4 they offered her a plee, we were told to call judge and he was dicuss with us what he recommended to d.a that she take smarter sentencing program Evan though restitution was too high to really Evan be considered for program, but he stated if she completed everything in program other than restitution he would wipe amount away! She completed all required tasks off program, and at time to go for what we thought was a final court appearance wound up with not only restitution amount but drug court program! I myself don't know how any fair decision could be made at all due to fact of his knowledge im sure shared at golf course my dad to judge talking to about his problematic son and daughter n law! Just don't think it has been handled as court case her now sitting in a cell becouse she had her first infraction where most get community service for their firsts

Txtodd63, it is easier for us on this forum if you to add new information in a new post rather than adding the new information to your original post.

Here is a link to the Arkansas Code of Judicial Conduct: https://courts.arkansas.gov/rules-and-administrative-orders/arkansas-code-of-judicial-conduct

Your wife should speak to her attorney if she believes her case has been compromised by something the judge has said or done. I am afraid the editing of your original post may have confused rather than clarified.

 

[not2cleverRed]

Editted Clarification II

Sorry, I can't take rereading that first post to see whatever new think needs to be decoded.

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

My wife is going through a criminal charge and the presiding judge happens to be not only my father's golfing friend as well they are brother-in-laws married to sisters!

In the beginning of it all we thought this is gonna be a great thing for the home team but he has really screwed us in whole ordeal. Because of their buddy-buddy relationship he (the judge) knows a ton more about us, more than average joe would. The judge even told us that him sitting on this case was kinda gonna be a hairy situation for him, but he was gonna take it on anyway.

A week before they offered her a plea, we were told to call judge. He was discussed with us that he recommended to d.a that she take smarter sentencing program even though restitution was too high to really even be considered for program, but he stated if she completed everything in program other than restitution he would wipe amount away! She completed all required tasks off program, and at time to go for what we thought was a final court appearance wound up with not only restitution amount but drug court program. I myself don't know how any fair decision could be made at all due to the knowledge he has from his golf course outings - I'm sure my dad told judge about his problematic son and daughter-in-law.

I just don't think it has been handled as an unbiased court case. My wife is now sitting in a cell because she had her first infraction - most get community service for their firsts.

My comments:
* Use paragraphs.
* Update by creating new posts in the thread, stop editing the initial post.
* Not every sentence has to end in an exclamation point.
* The word is "presides" not "resides". He doesn't live (reside) in the case. At least, I hope he doesn't. Also, "Evan" is a proper name, and does not mean "even", and "because" has an "a" in it, but no "o".

By your own admission, you and your wife are not living up to your father's expectations. This is not because you took up the career of basket weaving rather than investment banker. No, it is because you are doing things that can (and have) gotten you in trouble with the law, and have brought shame upon him, in his opinion.

I have observed that you do not refer to the judge as your uncle, so would it be fair to assume that the sister your father married is your stepmother, not your mother? While I realize that could be adding to the dynamic, and your emotions regarding the judge, you really need to grow up.

Rather than focusing the blame outwards, which will waste a lot of your time and energy, turn your focus inward. Face what is. You haven't claimed that you wife was treated unfairly because she's innocent - you've claimed she should be treated more generously because it's the first time she got caught. You know, your Dad knows, and the judge knows that it's just the first time she's been charged, not the first time that she's committed such a crime. If you and your wife focused your energy on becoming better humans, you would be much happier. Stop blaming other people for your shortcomings.

 

[quincy]

Todd can look through the link I provided at Rule 2.11,, Disqualification, to see if the judge should have recused himself. The additional details Todd provided are substantially different from what his original post said. The involvement by the judge in the lives of Todd and his wife could have led to an unethical bias in the case.

Todd's wife should speak to her attorney.

 

[not2cleverRed]

Todd can look through the link I provided at Rule 2.11,, Disqualification, to see if the judge should have recused himself. The additional details Todd provided are substantially different from what his original post said. The involvement by the judge in the lives of Todd and his wife could have led to an unethical bias in the case.

Todd's wife should speak to her attorney.

I concur.

But it is unclear whether that bias helped or harmed Todd and his wife.

However, I suspect that no matter what the judge did, Todd would be here complaining.

 

[quincy]

I concur.

But it is unclear whether that bias helped or harmed Todd and his wife.

However, I suspect that no matter what the judge did, Todd would be here complaining.

I think Todd is upset that the judge ordered restitution and completion of a drug court program for his wife, in addition to the program already ordered and completed by the wife. Todd (his wife?) apparently understood that restitution would not be a part of the sentence.

A judge generally must stay within a state's sentencing guidelines unless there is a clear and supportable reason given for deviating from these guidelines. It might have been hard for the judge to justify a deviation in this case.

At least, that is what I am assuming until the next edit changes the facts.