How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 32322
Experience:  Estate Law Expert
11068102
Type Your Estate Law Question Here...
Dwayne B. is online now
A new question is answered every 9 seconds

One year ago, the probate Court judge in Oakland County Michigan,

This answer was rated:

One year ago, the probate Court judge in Oakland County Michigan, Kathleen Ryan, ordered compulsory mediation with a retired probate court judge. The mediation was opposed by me, in view of the controversy: my claim that the judge's appointee, Marvin Sharon, attorney at law, in Oakland County, had committed perjury, a criminal offense. In my view, a lay person's view of the law, one does not "mediate" criminal offenses. Nevertheless, she insisted on mediation with her crony and pal, the retired probate court judge. However, it turns out, that this chap had served as Probate Judge for my father, when he had served as PR, on the death of my grandmother. Both my father, i.e. the decedent in the current case, and me, were beneficiaries of my grandmother, in other words, this retired judge knew very well, both me and my father. My question then, is whether that retired judge should have been ineligible to serve as a mediator? There were scores and scores of other persons, with no first hand knowledge of me or my family, who could have served this role, i.e. persons listed by the Oakland County judiciary, to serve as mediators. Did Judge Ryan appoint this retired probate court judge BECAUSE he knew me and my father? Is there no ethical standard within the legal community, that forbids this kind of machination? Why didn't that retired judge recuse himself, upon learning of the decedent's identity?

JD 1992 :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

JD 1992 :

There are no specific rules which would prevent the mediator from serving in that capacity with your facts.

JD 1992 :

If you were a client of his then he would have had to make that fact known to both sides.

JD 1992 :

However, in the facts you describe he represented your father but what was at issue was your father's estate, a different legal entity.

JD 1992 :

In addition, a mediator actually has no power, they simply act as an intermediary so even if there were something that would disqualify them as a judge or lawyer in the case it wouldn't necessarily disqualify them as a mediator.

JD 1992 :

The website is showing you are offline so I will save and exit so I can assist others. If you have any additional questions please feel free to ask them in this thread. I will be online most of the day but it may take a little while for me to answer if I am assisting others.

Dwayne B. and 4 other Estate Law Specialists are ready to help you

Related Estate Law Questions