Heidi_Starling
New Member
Hearings in front of Family Court Commissioner regarding modification of physical placement filed by Ex.
1. First hearing I was unable to retain counsel in the 9 days from when I was served. I submitted a motion to postpone to allow me time to retain counsel for myself. In the motion I also addressed our shared summer placement. Unknowing of Ex's intent to modify placement I had given him liberal placement from June 9 until first week of August. After I was served I notified Ex of my intent to have my share of summer placement for all of August and correspondance with him gave me reason to believe he would deny me my right to this. (Ex scheduled the hearing just days before August.)
2. At the hearing I had to interrupt and say, "excuse me but I have a motion I'd like addressed." Commissioner asked what it was and being nervous I said postponement to retain counseld, the clerk held up the motion and he rudely said he'd get to that later. He never read the motion and the only addressing he did "later" was tell me I could show up to the next hearing with counsel or not it was up to me.
3. At that hearing Ex's attorney had tried to get an immediate order and I told her she did not have any basis for an emergency order, she said it was stated in her motion (Commissioner did not read that either during the hearing. The Commissioner appointed a GAL and without reading my motion at all divided the rest of the summer into 2 weeks with me and 2 weeks with Ex. Because Ex had an attorney he also got the extra days before and after the more than 4 weeks of summer remaining. Also because I did not have an attorney it was just ignored that Ex stated he was going to be out of town for work for 3 days during the time in August he'd just been given.
I feel this is reportable to the judicial commission for bias towards me because I was unrepresented, denial of my rights to an attorney, and negligence for not reading or addressing my motion.
1. At a later hearing I had an attorney. The Commissioner stopped the hearing while I was on the stand before my attorney could redirect and also Ex's attorney had stated she was going to recall Ex before we finished, and asked the GAL for a recommendation. GAL said both homes and parents were good, but he pushed her and she said dad. My lawyer instantly read the statute stating presumption of well being to continue current placement. Commissioner adopted GAL recommendation without giving any reasoning or basis according to law, was ordering child move in the middle of the semester in a month and a half.
I feel this is reportable to the judicial commission as he did not follow the law. I did not get due process, the hearing was stopped before it was finished. He adopted the GAL's recommendation blindly. He did not state any reasoning or basis for his decision on the LAWS which were clearly on my side.
So my question is, do I have enough to report him to the judicial commission? Is my wording ok or is there better reasons to state in my report? I am not submitting this until after the de novo hearing in front of the judge to show clearly that I am not asking for an appeal by reporting him, I just think what he did did not uphold the law or inspire confidence in the judicial system and should be investigated and reprimanded.
Thank you for your help
1. First hearing I was unable to retain counsel in the 9 days from when I was served. I submitted a motion to postpone to allow me time to retain counsel for myself. In the motion I also addressed our shared summer placement. Unknowing of Ex's intent to modify placement I had given him liberal placement from June 9 until first week of August. After I was served I notified Ex of my intent to have my share of summer placement for all of August and correspondance with him gave me reason to believe he would deny me my right to this. (Ex scheduled the hearing just days before August.)
2. At the hearing I had to interrupt and say, "excuse me but I have a motion I'd like addressed." Commissioner asked what it was and being nervous I said postponement to retain counseld, the clerk held up the motion and he rudely said he'd get to that later. He never read the motion and the only addressing he did "later" was tell me I could show up to the next hearing with counsel or not it was up to me.
3. At that hearing Ex's attorney had tried to get an immediate order and I told her she did not have any basis for an emergency order, she said it was stated in her motion (Commissioner did not read that either during the hearing. The Commissioner appointed a GAL and without reading my motion at all divided the rest of the summer into 2 weeks with me and 2 weeks with Ex. Because Ex had an attorney he also got the extra days before and after the more than 4 weeks of summer remaining. Also because I did not have an attorney it was just ignored that Ex stated he was going to be out of town for work for 3 days during the time in August he'd just been given.
I feel this is reportable to the judicial commission for bias towards me because I was unrepresented, denial of my rights to an attorney, and negligence for not reading or addressing my motion.
1. At a later hearing I had an attorney. The Commissioner stopped the hearing while I was on the stand before my attorney could redirect and also Ex's attorney had stated she was going to recall Ex before we finished, and asked the GAL for a recommendation. GAL said both homes and parents were good, but he pushed her and she said dad. My lawyer instantly read the statute stating presumption of well being to continue current placement. Commissioner adopted GAL recommendation without giving any reasoning or basis according to law, was ordering child move in the middle of the semester in a month and a half.
I feel this is reportable to the judicial commission as he did not follow the law. I did not get due process, the hearing was stopped before it was finished. He adopted the GAL's recommendation blindly. He did not state any reasoning or basis for his decision on the LAWS which were clearly on my side.
So my question is, do I have enough to report him to the judicial commission? Is my wording ok or is there better reasons to state in my report? I am not submitting this until after the de novo hearing in front of the judge to show clearly that I am not asking for an appeal by reporting him, I just think what he did did not uphold the law or inspire confidence in the judicial system and should be investigated and reprimanded.
Thank you for your help