family court judge allowed prosecution when my lawyer was not present

What are the unwritten rules of the family court?

Jun 09, 2020 · It’s my opinion that when it comes to the Family Court system, the only interests served are those of divorce lawyers and Family Court Judges. 3 Unwritten Family Court Rules: 1. Lawyers and judges cover for each other. Most judges and lawyers will not report each other for misconduct or violations of judicial ethics.

Should I follow the evidence rules in family law?

Despite some new protections patched into family law for victims of violence against women, the family law and family court system remain a flawed and risky venue for victims of family violence. It's especially risky for victims who present claims of violence and abuse in family court without any criminal case documents to back up those claims.

Is the judge always the jury in family court cases?

juries. A trial is not the same as a court appearance or motion hearing. The trial is the final phase of a Family Court case, where witnesses and evidence are presented. Many other hearings may occur before the trial or instead of a trial. This booklet does not explain what happens at other court appearances.

Can a victim bring her own case in Family Court?

Skill 2. Practice, practice, practice. It’s not easy to get the reason you’re in court into just a few, clear, sentences. It takes practice. Thinking that you can ad lib this when the judge looks at you to speak is a big mistake. Good lawyers take lots of time to …

Which of the following is an example of prosecutorial misconduct?

Failing to turn over exculpatory evidence. Tampering with evidence. Knowingly presenting false witness testimony or other false evidence to a court or grand jury. Asking a defendant or defense witness damaging and suggestive questions with no factual basis.

Can judges do whatever they want?

Because judges have no accountability, they can do whatever they please. Judges are the only public officials with no accountability, and they want to keep it that way. The fact that we allow judges to indulge their whims is our collective shame.May 21, 2020

How can a judge be bias?

Courts have explained that bias is a favorable or unfavorable opinion that is inappropriate because it is not deserved, rests upon knowledge that the judge should not possess, or because it is excessive.

What ethical issues do judges face?

Common complaints of ethical misconduct include improper demeanour; failure to properly disqualify when the judge has a conflict of interest; engaging in ex parte communication and failure to execute their judicial duties in a timely fashion. Behaviour outside of the courtroom can also be at issue.

Are judges allowed to be rude?

The state supreme court rejected this First Amendment defense in its Aug. 5 opinion in In the Matter of Eiler, writing that “judges do not have a right to use rude, demeaning, and condescending speech toward litigants.”Aug 10, 2010

What is considered misconduct by a judge?

Actions that can be classified as judicial misconduct include: conduct prejudicial to the effective and expeditious administration of the business of the courts (as an extreme example: "falsification of facts" at summary judgment); using the judge's office to obtain special treatment for friends or relatives; accepting ...

What is judicial harassment?

As provided in §30-3A-2, harassment consists of: A person (defendant) knowingly pursuing a pattern of conduct; The pattern of conduct is intended to annoy, seriously alarm or terrorize another person; The pattern of conduct serves no lawful purpose; and.

How do you handle a biased judge?

What Can You Do If a Judge is Unfair?Request Recusal.File Appeal to Send Decision to a Higher Court.File a Motion for Reconsideration.File a Grievance on the Basis of Unethical Behavior.

What is it called when a judge is biased?

As it relates to the judge, the word “recuse” means that the judge will excuse themselves from the trial or case because of potential bias or conflict of interest and another judge will be appointed in his or her place.Mar 18, 2019

Can judges violate constitutional rights?

Clothed with the power of the state and authorized to pass judgment on the most basic aspects of everyday life, a judge can deprive citizens of liberty and property in complete disregard of the Constitution.

What happens with most complaints about attorney misconduct?

What happens with most complaints about attorney misconduct? The complainant receives a settlement.

Can judges be prosecuted?

For example, judges are given immunity from prosecution for any acts they carry out in performance of their judicial function. They also benefit from immunity from being sued for defamation for the things they say about parties or witnesses in the course of hearing cases.

What is relevant evidence?

3. ‘relevant’ evidence: Evidence must be considered ‘relevant’ for the court to admit it over objection. Many litigants try to bring in evidence of their spouse’s affairs or other ‘bad’ behavior. However, unless it is relevant to prove or disprove a disputed fact – it can be excluded. Additionally, if the court finds that it’s probative value is ...

Does the Evidence Code apply to family law?

Most people (even some lawyers) don’t expect the Evidence Code to apply in family law — in the same way that we see it used in Criminal or Civil Law. The fact is, that it most often does. Even when we are in front of a judge who has a more informal approach (allows evidence to be considered without meeting all of the legal criteria), ...

What is the purpose of the court's control over the mode and order of interrogating witnesses?

The court shall exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence so as to (1) make the interrogation and presentation effective for the ascertainment of the truth, (2) avoid needless consumption of time, and (3) protect witnesses from harassment or undue embarrassment.

What is the requirement to avoid undue burden?

Requirement to Avoid Undue Burden. A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena. The court on behalf of which the subpoena was issued shall enforce this duty and impose upon the party or attorney in breach of this duty an appropriate sanction, which may include, but is not limited to, lost earnings and a reasonable attorney’s fee.

What is the meaning of Rule 401?

Rule 401 (“Definition of Relevant Evidence”) – “Relevant evidence” means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.

What is a family law coach?

The Family Law Coach provides self-reps with support through a menu of fixed fee services that you can access from anywhere. You can pick and choose the service that makes the most sense to you. You will know what you’re getting and the cost in advance so you can stay within your budget.

What does it mean when a lawyer acts for himself?

There’s a phrase in legal circles: “A lawyer who acts for himself has a fool for a client.” It means that the best person to represent you is someone who isn’t emotionally connected to your case. As a self-rep, you’re acting for yourself, so of course you’re emotionally connected.

How to deal with bullying?

Are you able to stake out a reasonable position and stick to it despite threats and bullying from the other party? First, you have to recognize when you’re dealing with a bully. A bully is someone who uses: 1 threats 2 manipulation 3 personal attacks 4 aggression

What is the skill of a lawyer?

Skill 2. Practice, practice, practice. It’s not easy to get the reason you’re in court into just a few, clear, sentences. It takes practice. Thinking that you can ad lib this when the judge looks at you to speak is a big mistake. Good lawyers take lots of time to get their case into the important first few sentences.

Can personal attacks hurt your case?

Personal attacks hurt your case. You may be tempted to put negative things about the other party in your material or presentation, but you need to be able to resist that temptation.

Judge Didn't Permit Me to Present My Evidence

My question involves civil rights in the State of: California#N#I reported various criminal activity that I discovered involving an ex-girlfriend things like ID theft and social security fraud. I reported much more and continue to do so.

Re: Reporting Criminal Activity and Failure to Protect My Rights

I reported various criminal activity that I discovered involving an ex-girlfriend things like ID theft and social security fraud. I reported much more and continue to do so.

Jonathan H Levy

Unless the lawyer testified under oath as a witness, he was not committing perjury no matter what he said.,

Deirdre Lynn O'Connor

It is not clear from your question if, from your perspective, the lawyer "lied" on behalf of or against the client. Mr. Sarno answered the former and I agree with his comments.#N#If, however, you were taking about a "lie" against the client - i.e., lawyer lied to the...

Ronald Anthony Sarno

For the most part lawyers are considered advocates for their clients. They are expected to argue their client's side of the case.Many times what lay people consider perjury the court does not. In general lawyers are immune from what they say in the courtroom while representing a client. Perjury is when a witness not a lawyer is testifying falsely.