Judicial Bias

[advicepleez]

What is the name of your state? New York

My divorce case has been in the works for over 3 years now. The judge has been extremely biased against me from the start. It also didn't help that my first attorney was horrible. Upon dismissing her, I was forced to sign a preliminary agreement because the judge refused to allow me to go to trial with a different judge. Additionally, my new attorney relayed the message that in chambers, the judge said my settlement would be less, if I took it to trial instead of accepting the settlement offered.

I really felt like I had no choice. The preliminary agreement I signed was anything but "equitable". It also left several things of significant importance open. I continue to be completely beaten up by this judge. I do not want to go forward and will refuse to sign anything more if necessary. I don't know what my rights are, where to go from here, etc.

I am happy with my current attorney, however, I am not confident that she will lead me in the right direction in this regard. I am sure she doesn't want to anger a judge that she will be going up against in the future.

Just so you know that I am not needlessly complaining and there truly is bias on the part of the judge. Here is where I am at;

Married 23 years, with 3 children. Developed Multiple Sclerosis in 2002. Supported husband through last year of professional school.

I am to get 0 from his practice and license, 0 from his $150k profit sharing plan, 0 maintenance and I have to pay 50% of college even though I am unable to work. Additionally, my husband owed over $60,000 in arrears under an order of support signed by this judge. He is only ordering my husband to pay $10,000 of it. Believe me, there is also much more...

I do not want to accept this. I have had a gun to my head since the start of this divorce. Please tell me how to proceed. ? Can I still drop my divorce (I filed), if we are on his "settlement calendar"? Will the judge hold me in contempt if I refuse to settle? What can he do to mel if I refuse to go further? Please help me or give me information as to who can? I truly feel lost in this divorce.

Thanks so much...

 

[Zephyr]

who filed and on what grounds?

 

[advicepleez]

When I got sick -- he got a girlfriend, so I filed for divorce. They accepted grounds of constructive abandonment.

 

[Bali Hai]

What is the name of your state? New York

My divorce case has been in the works for over 3 years now. The judge has been extremely biased against me from the start. It also didn't help that my first attorney was horrible. Upon dismissing her, I was forced to sign a preliminary agreement because the judge refused to allow me to go to trial with a different judge. Additionally, my new attorney relayed the message that in chambers, the judge said my settlement would be less, if I took it to trial instead of accepting the settlement offered.

I really felt like I had no choice. The preliminary agreement I signed was anything but "equitable".

If the judge agrees with what you signed, it is "equitable".

It also left several things of significant importance open. I continue to be completely beaten up by this judge. I do not want to go forward and will refuse to sign anything more if necessary. I don't know what my rights are, where to go from here, etc.

If you don't sign anything more, the judge will simply order it anyway.

I am happy with my current attorney, however, I am not confident that she will lead me in the right direction in this regard. I am sure she doesn't want to anger a judge that she will be going up against in the future.

Just so you know that I am not needlessly complaining and there truly is bias on the part of the judge.

http://www.scjc.state.ny.us/filing_a_complaint.htm

Here is where I am at;

Married 23 years, with 3 children. Developed Multiple Sclerosis in 2002. Supported husband through last year of professional school.

I am to get 0 from his practice and license, 0 from his $150k profit sharing plan, 0 maintenance and I have to pay 50% of college even though I am unable to work. Additionally, my husband owed over $60,000 in arrears under an order of support signed by this judge. He is only ordering my husband to pay $10,000 of it. Believe me, there is also much more...

I do not want to accept this. I have had a gun to my head since the start of this divorce. Please tell me how to proceed. ? Can I still drop my divorce (I filed), if we are on his "settlement calendar"? Will the judge hold me in contempt if I refuse to settle? What can he do to mel if I refuse to go further? Please help me or give me information as to who can? I truly feel lost in this divorce.

Thanks so much...

You can't refuse to go further. The judge will simply order the decree and that will be that.

 

[seniorjudge]

What is the name of your state? New York

My divorce case has been in the works for over 3 years now. The judge has been extremely biased against me from the start. It also didn't help that my first attorney was horrible. Upon dismissing her, I was forced to sign a preliminary agreement because the judge refused to allow me to go to trial with a different judge. Additionally, my new attorney relayed the message that in chambers, the judge said my settlement would be less, if I took it to trial instead of accepting the settlement offered.

I really felt like I had no choice. The preliminary agreement I signed was anything but "equitable". It also left several things of significant importance open. I continue to be completely beaten up by this judge. I do not want to go forward and will refuse to sign anything more if necessary. I don't know what my rights are, where to go from here, etc.

I am happy with my current attorney, however, I am not confident that she will lead me in the right direction in this regard. I am sure she doesn't want to anger a judge that she will be going up against in the future.

Just so you know that I am not needlessly complaining and there truly is bias on the part of the judge. Here is where I am at;

Married 23 years, with 3 children. Developed Multiple Sclerosis in 2002. Supported husband through last year of professional school.

I am to get 0 from his practice and license, 0 from his $150k profit sharing plan, 0 maintenance and I have to pay 50% of college even though I am unable to work. Additionally, my husband owed over $60,000 in arrears under an order of support signed by this judge. He is only ordering my husband to pay $10,000 of it. Believe me, there is also much more...

I do not want to accept this. I have had a gun to my head since the start of this divorce. Please tell me how to proceed. ? Can I still drop my divorce (I filed), if we are on his "settlement calendar"? Will the judge hold me in contempt if I refuse to settle? What can he do to mel if I refuse to go further? Please help me or give me information as to who can? I truly feel lost in this divorce.

Thanks so much...

Upon dismissing her, I was forced to sign a preliminary agreement because the judge refused to allow me to go to trial with a different judge.

How did this happen?

 

[advicepleez]

It happened because I had an incompetent (high priced - big shot) law firm that dragged their heels. And a judge that was only interested in clearing his calendar. Discovery docs never rec'd, EBT's not complete, judge forced forensic accountant to value practice without having rec'd any reports from defendent for his practice, etc.

Since the judge is the one that decides whether or not he is biased, my choice was to agree to settlement being offered or go to trial before the same judge. As I stated, it was made clear that I would do worse at trial and of course the additional expense would be astronomical. This judge is known to force settlements rather then deal with trials.

There are still unresolved issues of financial significance. And....it looks like my choice again is to agree to whatever this judge wants, or he will decree it anyway and there may be puntitive action as well. Opposing council is even trying to change what they already agreed to and signed. Why? -- because with this judge, chances are they will be able to do so. They continue to get exactly what they request -- at my expense.

Who oversees these judges? They must answer to someone. Where do you go when things like this occur? I can't fathom that these judges yield such tremendous power and there is no one to make sure they don't abuse that power.

They are most certainly under pressure by someone, to move cases along -- that is clear. So, then they do so with complete disregard for the people they are affecting. I would have never believed that this is the way the judicial system works in the USA! It is truly shameful....

 

[seniorjudge]

It happened because I had an incompetent (high priced - big shot) law firm that dragged their heels. And a judge that was only interested in clearing his calendar. Discovery docs never rec'd, EBT's not complete, judge forced forensic accountant to value practice without having rec'd any reports from defendent for his practice, etc.

Since the judge is the one that decides whether or not he is biased, my choice was to agree to settlement being offered or go to trial before the same judge. As I stated, it was made clear that I would do worse at trial and of course the additional expense would be astronomical. This judge is known to force settlements rather then deal with trials.

There are still unresolved issues of financial significance. And....it looks like my choice again is to agree to whatever this judge wants, or he will decree it anyway and there may be puntitive action as well. Opposing council is even trying to change what they already agreed to and signed. Why? -- because with this judge, chances are they will be able to do so. They continue to get exactly what they request -- at my expense.

Who oversees these judges? They must answer to someone. Where do you go when things like this occur? I can't fathom that these judges yield such tremendous power and there is no one to make sure they don't abuse that power.

They are most certainly under pressure by someone, to move cases along -- that is clear. So, then they do so with complete disregard for the people they are affecting. I would have never believed that this is the way the judicial system works in the USA! It is truly shameful....

Q: Where do you go when things like this occur?

A: The court of appeals. However, you will be hard pressed proving you were forced in to anything.

 

[Bali Hai]

It happened because I had an incompetent (high priced - big shot) law firm that dragged their heels. And a judge that was only interested in clearing his calendar. Discovery docs never rec'd, EBT's not complete, judge forced forensic accountant to value practice without having rec'd any reports from defendent for his practice, etc.

Since the judge is the one that decides whether or not he is biased, my choice was to agree to settlement being offered or go to trial before the same judge. As I stated, it was made clear that I would do worse at trial and of course the additional expense would be astronomical. This judge is known to force settlements rather then deal with trials.

There are still unresolved issues of financial significance. And....it looks like my choice again is to agree to whatever this judge wants, or he will decree it anyway and there may be puntitive action as well. Opposing council is even trying to change what they already agreed to and signed. Why? -- because with this judge, chances are they will be able to do so. They continue to get exactly what they request -- at my expense.

Who oversees these judges? They must answer to someone. Where do you go when things like this occur? I can't fathom that these judges yield such tremendous power and there is no one to make sure they don't abuse that power.

That's wield. And I gave you the site to make complaints against judges in my previous response to you.

They are most certainly under pressure by someone, to move cases along -- that is clear. So, then they do so with complete disregard for the people they are affecting. I would have never believed that this is the way the judicial system works in the USA! It is truly shameful....

I totally agree with your dismay at giving judges such enormous discretionary power in these types of cases.

But reality is:

You can ask a judge to recuse themself from your case simply because you do not like the decisions made in your case. But it just ain't going to happen.

 

[advicepleez]

You can't refuse to go further. The judge will simply order the decree and that will be that.

Thanks for providing the website info for the NYS Commission on Judicial Conduct. I will certainly file a complaint. Perhaps I am just jaded now, but how am I supposed to provide information as to exactly "who said what to whom, the tone of voice, the witnesses," etc.?

All the settlement discussions took place in the judge's chambers and only the attorneys were allowed to be present. I cannot possibly state exactly how this wonderful settlement was reached, since I was forced to sit in the hallway for over 5 hours while my fate was being determined inside. Was that only my case or is that how it is usually handled? Boy they have this whole thing wrapped up pretty tight, don't they???

 

[pjjones]

What a nightmare! I'm truly sorry and outraged to hear. Why don't you check out this site that a previous person posted
http://www.scjc.state.ny.us/filing_a_complaint.htm

Also try consulting a few different lawyers with free initial consultations, as another poster said. Maybe you can ask if you should agree to everything to end this and then file an appeal (just an idea I'm throwing out - consult a lawyer)?

 

[StickyFingers]

What is the name of your state? New York

My divorce case has been in the works for over 3 years now. The judge has been extremely biased against me from the start. It also didn't help that my first attorney was horrible. Upon dismissing her, I was forced to sign a preliminary agreement because the judge refused to allow me to go to trial with a different judge. Additionally, my new attorney relayed the message that in chambers, the judge said my settlement would be less, if I took it to trial instead of accepting the settlement offered.

I really felt like I had no choice. The preliminary agreement I signed was anything but "equitable". It also left several things of significant importance open. I continue to be completely beaten up by this judge. I do not want to go forward and will refuse to sign anything more if necessary. I don't know what my rights are, where to go from here, etc.

I am happy with my current attorney, however, I am not confident that she will lead me in the right direction in this regard. I am sure she doesn't want to anger a judge that she will be going up against in the future.

Just so you know that I am not needlessly complaining and there truly is bias on the part of the judge. Here is where I am at;

Married 23 years, with 3 children. Developed Multiple Sclerosis in 2002. Supported husband through last year of professional school.

I am to get 0 from his practice and license, 0 from his $150k profit sharing plan, 0 maintenance and I have to pay 50% of college even though I am unable to work. Additionally, my husband owed over $60,000 in arrears under an order of support signed by this judge. He is only ordering my husband to pay $10,000 of it. Believe me, there is also much more...

I do not want to accept this. I have had a gun to my head since the start of this divorce. Please tell me how to proceed. ? Can I still drop my divorce (I filed), if we are on his "settlement calendar"? Will the judge hold me in contempt if I refuse to settle? What can he do to mel if I refuse to go further? Please help me or give me information as to who can? I truly feel lost in this divorce.

Thanks so much...

Honestly...This sounds like a case of your poor choices in attorneys....NOT judicial bias.

Especially if:

I am happy with my current attorney, however, I am not confident that she will lead me in the right direction in this regard.

 

[seniorjudge]

What a nightmare! I'm truly sorry and outraged to hear. Why don't you check out this site that a previous person posted
http://www.scjc.state.ny.us/filing_a_complaint.htm

Also try consulting a few different lawyers with free initial consultations, as another poster said. Maybe you can ask if you should agree to everything to end this and then file an appeal (just an idea I'm throwing out - consult a lawyer)?

That is a form for judicial misconduct. The poster has not given any facts which would indicate judicial misconduct.

 

[advicepleez]

What a nightmare! I'm truly sorry and outraged to hear. Why don't you check out this site that a previous person posted
http://www.scjc.state.ny.us/filing_a_complaint.htm

Also try consulting a few different lawyers with free initial consultations, as another poster said. Maybe you can ask if you should agree to everything to end this and then file an appeal (just an idea I'm throwing out - consult a lawyer)?

Thanks for the help and the support. Several people mentioned filing an appeal, but I did have a consultation with another attorney today. He told me that you can only file an appeal if the case went to trial. There is no appeal process for settlement "agreements".

 

[Bali Hai]

Thanks for providing the website info for the NYS Commission on Judicial Conduct. I will certainly file a complaint. Perhaps I am just jaded now, but how am I supposed to provide information as to exactly "who said what to whom, the tone of voice, the witnesses," etc.?

All the settlement discussions took place in the judge's chambers and only the attorneys were allowed to be present. I cannot possibly state exactly how this wonderful settlement was reached, since I was forced to sit in the hallway for over 5 hours while my fate was being determined inside. Was that only my case or is that how it is usually handled? Boy they have this whole thing wrapped up pretty tight, don't they???

Having been in your position, feeling what you are feeling, dealing with an a-hole judge and writing a complaint to the Commission, I have to be honest with you.

Save the paper and some piece of mind. You won't get anywhere with what you've wrote "so far".

 

[advicepleez]

Honestly...This sounds like a case of your poor choices in attorneys....NOT judicial bias.

Especially if:

Well that very well could be the case. Perhaps the attorney was at fault. But the judge is in charge and he calls the shots. It sure seems that he is the one to make the determinations. Also, as I previously stated -- if you are unable to be present when your fate is being decided -- how would you know WHO is responsible???

I suppose that also afords each party the opportunity to point the finger at the other one. So....truth from someone in the know please???? Are the chances good that I could go forth with attorneys on both fronts (judicial complaint & malpractice) and just waste more money, because each will lay the blame on the other party?????

One more question -- is there anyplace that you can check the malpractice record of attorneys in the same way that you can with physicians? Thanks