Circuit Judge Dismissing Appellate Ruling

[shonna1976]

Yesterday my mom was in front of a circuit judge in Illinois who decided her divorce several years ago. I will get into more details if needed, but if other points of law are lost, when it comes time my mom will not sign what is called a consent to qildro in regards to division of pension benefits. An appellate court in Illinois ruled that a court can not force anyone to sign it or punish anyone for not signing it. When my mother's attorney cited this case to the circuit judge yesterday he got angry and said he has read and reread this decision, they are wrong, he will not uphold their ruling and if we don't like we are going to have to take it back to the appellate courts.

Can a circuit judge just completely dismiss an appellate ruling like this? Isn't this a total misuse of power? My mother doesn't have the money to fight for an appellate court decision that was already made! I don't understand how they could possibly do this, because in doing so he essentially saying the appellate court rulings have no standing over anything except the individual cases they decide for. Any input on this I would truly appreciate. Thank you.

 

[seniorjudge]

Can a circuit judge just completely dismiss an appellate ruling like this? Isn't this a total misuse of power?

You live in one of the most corrupt states in the union. Judges in Illinois are well-known for doing whatever they feel like.

 

[shonna1976]

Illinois is corrupt, you're right. It starts at the very top too. But regardless of what he can get away with, as a matter of law can he technically dismiss this ruling or does he have to uphold it? Does it matter that it wasn't the appellate court of our area? We are in central - this was the northern appellate court's ruling.

 

[Scooterdog]

Yes he has to uphold the case of a higher court. He took an oath of office.

Appeal his decision.