Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

I have a few questions around recourse for judicial

Customer Question
I have a few...

I have a few questions around recourse for judicial misconduct

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

NC

Lawyer's Assistant: Has anything been filed or reported?

Not sure what you mean by that

Submitted: 8 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 1 minute by:
9/8/2017
Lawyer: Dwayne B., Attorney replied 8 months ago
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,389
Experience: Began practicing law in 1992
Verified

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Ask Your Own Legal Question
Lawyer: Dwayne B., Attorney replied 8 months ago

Please allow me some time to read your facts and type my response.

If you receive an email regarding a phone call for an extra price that comes directly from the website and not from me and I have no control over the sending of the email. I don't take part in the telephone program and only work through this format and under your facts this format should be sufficient.

Ask Your Own Legal Question
Lawyer: Dwayne B., Attorney replied 8 months ago

Is there a specific question with which I could assist?

Ask Your Own Legal Question
Customer reply replied 8 months ago
I had a custody hearing in August of 2016. At the end of the hearing Judge awarded me full legal custody but gave mom a "second chance" to show she could change with a review hearing to be held 6 months later. At review hearing in Feb. Judge reads the riot act to mom for "squandering her second chance" etc. but stops short of making a ruling and says she needs to review the evidence. Largely been crickets ever since. After much prodding from my attorney and attempts at a review hearing that were denied we get an email from the clerk that literally says the following only."Please accept this email as a direct communication from Judge: No change in physical custody. CTM"This is obviously not a real ruling. It seems evident to me and others that she doesnt even remember that she hasnt made a ruling yet on this case. There are no findings of fact there are no conclusions of law. It seems to me to be an egregious error that has cost both time and money and leaves us no further along than where we were before the first trial. My questions are as follows:Is there any kind of recourse for me?Who can I complain to about this? What will happen if I do?Can the head family court judge help to compel a decision?In any other business or government entity there seems to be ways of resolving issues when people completely fail to do their job but there doesnt seem to be any recourse for me here as I cant appeal an email. What is my best response to this to convey how wrong and upsetting this is. It seems evident to me that she never reviewed the evidence at all and after getting a WTF email from my lawyer her clerk responeded with that email in less than 24hrs. after waiting nearly 7 months to hear anything after the reveiw hearing.
Lawyer: Dwayne B., Attorney replied 8 months ago

"Please accept this email as a direct communication from Judge: No change in physical custody. CTM"

First, I disagree that this is not a real ruling. Certainly your attorney can send a full order for the judge to sign, but since this was a "review" hearing then this basically means the judge saw nothing to change their mind about the original ruling. Most order don't have full findings of fact and conclusions of law contained in them. Under Rule 52 of the NC Rules of Civil Procedure findings of fact and conclusions of law are not required unless a party requests them. There are a few types of order where case law has determined they always should be made, but none of those orders are implicated in your facts.

Is there any kind of recourse for me?

You can file for an appeal, although I don't really see what you have to gain by doing so since the judge is still ruling in your favor. You can also file a Motion for Reconsideration but, again, since you won I''m not sure why you would want to do that.

Who can I complain to about this? What will happen if I do?

Discussed above.

Can the head family court judge help to compel a decision?

They could, in theory anyway. Most head judges have the power to issue administrative orders to the other judges but whether they can in this case depends on how the head judge was assigned and what was set as their duties. Normally you don't go to a head judge, you go to the court of appeals.

If you want to make any complaints about the judge then your lawyer should draft an order and send it to the judge for signature and, if necessary, set a hearing for entry of the order.

If you want to file a complaint about the judge's ethics you would do so at the NC Judicial Standards Committee at http://www.nccourts.org/Courts/CRS/Councils/JudicialStandards/

However, judges tend to remember these things and it isn't an automatic recusal just because you filed an ethical complaint so the judge could very well be hearing your case again in the future. I don't see an ethical issue here in the facts you've given so my feeling is that the committee wouldn't take any action.

Perhaps you could explain why you believe the judge should have done something else if you were awarded custody and the judge didn't change that?

Ask Your Own Legal Question
Customer reply replied 8 months ago
I am sorry I need to clarify that we are discussing physical custody. I was awarded full legal custody but physical custody was left at 50/50 (week on week off) during the review period. The ruling from the original trial was not much more than "full legal custody to father. TPA governs all other things until a final ruling. We requested among other things that mother should pay attorneys fees for me for her "second chance" additionally there is no language about child support, how to share expenses, holiday schedule etc. etc. there is really nothing other than a basic TPA and I have legal custody. If you could revisit the questions with these clarifications I would greatly appreciate it.
Lawyer: Dwayne B., Attorney replied 8 months ago

Did your attorney submit an order with the language that you wanted?

Ask Your Own Legal Question
Customer reply replied 8 months ago
nothing has been done as of yet just recieved the communication from the clerk today
Lawyer: Dwayne B., Attorney replied 8 months ago

In every court I have been in, other than small claims courts, the order is drafted by the attorney for the prevailing party and then submitted to the judge for their signature. That is what you would need to do before you can pursue any other action and it may be or likely is what the judge is waiting on.

You do have to include findings of fact and conclusions of law as to the part about attorney's fees but not the regular part of the case unless the other side requests them.

If the judge didn't specifically address child support, expenses, etc. but there was testimony on those issues then the lawyer can draft the order based on that. What most attorneys do is draft the order and then send it to the judge and the other side along with a letter requesting that the judge sign the order if the other side doesn't file a written objection by a certain time (usually 10 days or so).

Ask Your Own Legal Question
Customer reply replied 8 months ago
just seems more than evident that the judges ruling was made a) assuming there was a final ruling already in place and b) without "reviewing the evidence" as was stated 7 months ago since we heard nothing until my attorneys email yesterday asking for some kind of update on the status.
Lawyer: Dwayne B., Attorney replied 8 months ago

The judge was likely reviewing only their "docket entry" which are notes the judge makes to himself or herself about the rulings. The judges normally don't pull the files and go through them.

There should have been an order sent six months ago with a paragraph that the case would be reviewed in six months, then the ruling in this case could have been done in an order that was one paragraph or so. If there wasn't an order entered after that hearing it will be a fairly long one.

Ask Your Own Legal Question
Lawyer: Dwayne B., Attorney replied 8 months ago

Also, nothing that the judge ruled on is enforceable until there is a written order signed by the judge. That's the main reason you try and do orders ASAP after the judge rules.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

Ask Your Own Legal Question
Lawyer: Dwayne B., Attorney replied 8 months ago

I have to go offline for just a little while but will be back shortly.

Ask Your Own Legal Question
Was this answer helpful?
Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,389
34,389 Satisfied Customers
Experience: Began practicing law in 1992

Dwayne B. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
Someone is trying to take me to small claims court and the
Hello someone is trying to take me to small claims court and the only reason I know about it is from my job being served as well. I have not been served and the court date is tomorrow. My job is plann… read more
Trista Johnson
Trista Johnson
Attorney
JD
19 satisfied customers
Is there a stature limitation for small claims court issues
is there a stature limitation for small claims court issues like not completing payments on an electronic or appliance … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,837 satisfied customers
I filed a small claim against a company that was suppose to
I filed a small claim against a company that was suppose to refinish my cabinets in my home and she destroyed them. I have a court date but she is not picking up the certified mail that was sent to he… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
718 satisfied customers
Is it leagal for a collection to file in small claims for a
Is it leagal for a collection to file in small claims for a medical bill … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
3,206 satisfied customers
We have received a summons for small claims court in
We have received a summons for small claims court in Colorado. I have four questions: 1. May we, the Defendants, subpoena documents from the Plaintiff such as communications between them and their att… read more
Trista Johnson
Trista Johnson
Attorney
JD
19 satisfied customers
In small claims court-Illinois-I will probably file a
In small claims court-Illinois-I will probably file a $10,000 claim. Can I also recoup any money I have spent in preparing for this claim, such as, expert witness and evaluation by an expert of the da… read more
Bill Attorney
Bill Attorney
law
2,225 satisfied customers
Small claim filing. Texas. Prepare court document. The
the business has office in my city, can I file a small claim in Harris county… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
3,206 satisfied customers
Been served a subpoena to give testimony in a deposition
Been served a subpoena to give testimony in a deposition instead of giving a testimony in trial. They paid me the $40 deposition testimony fee and some gas funds. However, they have asked for copies o… read more
Ray
Ray
Lawyer
Doctoral Degree
32,540 satisfied customers
How is the statute of limitations for filing a small claims
How long is the statute of limitations for filing a small claims law suit? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I'm planning to take a service provider to small claims
I'm planning to take a service provider to small claims court - do attys typically get involved in those cases? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,095 satisfied customers
What forms are needed to defend yourself in small claims
What forms are needed to defend yourself in small claims court and counter sue in small claims court? … read more
LegalGems
LegalGems
Juris Doctorate
11,899 satisfied customers
Would the case number on the plaintiff small claim (that's
Would the case number ***** the plaintiff small claim (that's me now) form SC - 413 be the same case number ***** the original case number ***** by the plaintiff who sued me outside of small claims?… read more
LegalGems
LegalGems
Juris Doctorate
11,899 satisfied customers
What rules of Florida Civil Procedure govern the following
What rules of Florida Civil Procedure govern the following situation: 1. A Florida Corporation FC hires a Lawyer L, to file a lawsuit against the state on an issue relating to the alleged unconstituti… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,095 satisfied customers
I recently won a small claims verdict the defendant is
I recently won a small claims verdict the defendant is appealing my hearing is on Friday 3/23 in superior court. My original case was factual and I presented a paper trail and solid witness that I was… read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
304 satisfied customers
Under the Federal Rules of Civil Procedure. I did not answer
Under the Federal Rules of Civil Procedure. I did not answer summons and complaint I received. M y reason for not answering, INSUFFICIENCY OF SERVICE OF PROCESS had no official Court Seal and was not … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
Rules of Civil Procedure Question. In Arizona Justice Court
Rules of Civil Procedure Question. In Arizona Justice Court a defendant has 20 days to respond to a complaint. But plaintiff may amend once as a matter of course before a responsive pleading is filed.… read more
DrakeLAW
DrakeLAW
Juris Doctorate
1,038 satisfied customers
What section of the California Rules of Civil Procedure
what section of the California Rules of Civil Procedure governs discovery response times/due dates? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Federal Rule of Civil Procedure, the Defendant has failed to
Federal Rule of Civil Procedure, the Defendant has failed to "plead or otherwise defend" pursuant to 55(a)(b)The Defendant has filed a motion for an extension on December 4th, The Federal judge did NO… read more
Ray
Ray
Lawyer
Doctoral Degree
32,540 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x