Difference between revisions of "Faux Process And Rubber-Stamped Orders"

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=McMasterForCobb.com=
In 2019, I represented a mother in Muscogee County in a custody battle for her 5-year-old son. The mother had primary custody at the time and an intermittent hearing was held to potentially appoint a Guardian Ad Litem to the case. The judge asked the father’s attorney to draft an order appointing the Guardian Ad Litem. The opposing counsel drafted the “proposed” order for the judge to review. In the proposed order, however, the opposing attorney inserted a clause that changed full custody from the mother to the father. The judge carelessly signed the order and the mother lost primary custody of her son without notice or a hearing on the matter. It took over a year for the mother to get primary custody of her son back.
[[File:Blind Judge.jpeg|left|200px|Faux Process]]
So what happened here? How could a judge simply sign parental rights away at the drop of a hat, without notice or a hearing? This is what I call “faux process” (contra to “due process”) and what many attorneys refer to as a “rubber-stamped” order. The formula for this injustice is as follows:<br>
<blockquote>
<blockquote>
If you asked me a year ago what I would be doing in 2022, I would have said: "Who knows? But I want nothing to do with child custody cases. It tears at the heart strings, there is no winner and the children lose the most." However, an array of events that began in February 2021 and unraveled over a period of about eight (8) months caused a rewiring of my brain that, at this juncture, cannot be undone. Here is the TRUTH:
(1) A judge sets a hearing on a specific matter.<br>
(2) The judge picks a prevailing party and tells the attorney for the "prevailing party" to draft a proposed order for the judge to sign.<br>
(3) The prevailing party's attorney drafts the order and inserts wording awarding additional remedies that were not within the scope of the judge's oral ruling.<br>
(4) The judge then signs the order without scrutiny, thus awarding the drafting party the remedies improperly inserted into the proposed order by the prevailing party's attorney.<br>
</blockquote>
The case in Muscogee County was not the first time I witnessed a person denied due process by a rubber-stamped order, nor was it the last. In fact, my first recollection of such injustice occurred at the hands of a Cobb County State Court judge, the Honorable Carl W. Bowers, and my most recent experience was at the hands of a Cobb County Superior Court senior judge, the Honorable G. Grant Brantley.
<br>
=Passing The Buck=
Rubber-stamped orders are perhaps the biggest threat to due process in civil cases. I have witnessed this in multiple courts and by different judges across the State of Georgia; it is Judge Brantley's ''modus operandi'' and "if you don't like it, you can appeal," as Brantley would say. Unfortunately, appeals are expensive, not everyone can afford an appeal and the appellate court presents its own unique barriers to equitable case resolution. Brantley’s way of '''"passing the buck"''' onto the Georgia Court of Appeals is an irresponsible use of resources and acts contrary to justice.
<br>


==The Cobb County Family Court System Is Prone To Failure, But It Doesn't Have to Be That Way==
In 2022, Judge Bowers publicly stated that "Brantley’s given [Bowers] great advice many, many times over the years when [Bowers] worked with him," and "[Bowers] learned so much from him that [Bowers] use today in the courtroom in state court." While Judge Bowers did not specify exactly what “advice” Judge Brantley has given Bowers that he uses in the courtroom, my personal experience shows that, like Brantley, Judge Bowers executes the "rubber-stamp" process systematically. In 2018, Judge Bowers presided over a hearing regarding a very specific issue—I represented the defendant in the case. At the end of the hearing, Judge Bowers made an oral ruling in favor of the plaintiff and told the plaintiff’s attorney to draft an order for Bowers to sign. In his proposed order, the plaintiff's attorney inserted a clause that resolved a material issue to the case that was not within the scope of the hearing and cited inapplicable law to justify the bogus ruling. Judge Bowers signed (or “rubber-stamped”) the proposed order, which created additional unnecessary litigation.
<br>


Our broken judiciary is not the result of a bunch of evil judges sitting around a conference table plotting against the well-being of society and the Cobb County community. No, our maimed “justice” system is the result of flawed philosophies and the misalignment of incentives. In other words, our judicial officers have more to gain personally by not doing their job than by actually doing their job. And we The People suffer for it. So what are these personal incentives that detract judges from proper execution of their jobs? Simply put: Time and Money.
In 2022, I was hired to defend a civil matter in Fulton County that should have been dismissed with just one hearing by a competent judge. However, the Fulton judge presiding over the matter was not interested in making decisions based on the facts and the law. After multiple unsuccessful motions to recuse the presiding judge, the Fulton County judiciary recruited Judge Grant Brantley from Cobb County to take over the case. With Judge Brantley now assigned to the case, I had high hopes that my client would finally get a fair shake and the case would be dismissed as it should have been over two years ago. That was not the case. Rather, Judge Brantley simply reaffirmed the bogus rulings of the assigned judge with his “rubber-stamp” MO. It would appear to a competent lawyer or judge that Judge Brantley knew absolutely nothing about the applicable law in the case. That case is still pending—though, again, it should have been dismissed and closed over two years ago.


In 2020, I represented a mother in Muskogee County fighting for custody of her 5-year-old son. The mother had full custody at the time and an intermittent hearing was held to potentially appoint a Guardian Ad Litem to the case. The Muskogee County Superior Court did not change custody that day—and the judge asked the father’s attorney to draft an order appointing the Guardian Ad Litem to the case. The opposing counsel drafted the “proposed” order for the judge to review. In the proposed order, however, the opposing attorney inserted a clause that changed full custody from the mother to the father. Though no hearing on custody took place, the judge signed the order without scrutiny and, without notice or a hearing in the matter, the mother lost full custody of her son.
[[File:RubberStamp.jpeg|left|200px|Faux Process]]
The Georgia Code of Judicial Ethics bars the mere ''appearance'' of impropriety. As to the practices and habits implemented by Judge Brantley, it ''appears'' that he recklessly rushes rulings and "rubber-stamps" orders systematically to rapidly close cases. He's simply not preparing for cases over which he presides and blitzes to the conclusion he wants without properly verifying the law or facts to his cases. Presumably, a primary cause of Judge Brantley’s heightened level of impropriety is that he—like other senior judges—is not subject to election or re-election and has the benefit of remaining in a perpetual ''lame duck'' term. In short, senior judges cannot be held accountable and, therefore, a conventional approach for curbing Judge Brantley’s behavior is unavailable. Thus, challenging Judge Bowers is my unconventional attempt to make a positive impact on resolving this ''senior judge conundrum''. While I understand that Judge Bowers is an active State Court judge and not a retired senior Superior Court judge, I firmly believe that opposing Bowers in this election is a step forward in preserving due process for the People of Cobb County.


So what happened here? How could a judge simply sign parental rights away at the drop of a hat, without a hearing any evidence? This is what I call “faux process” (contra to “due process”) and what attorneys refer to as a “rubber-stamped” order. This was not the first time I had a client fall victim to a rubber-stamped order, nor was it the last. In fact, my first recollection of such injustice occurred at the hands of Judge Carl W. Bowers, and my most recent experience was at the hands of Judge G. Grant Brantley. While my heart sincerely wants to believe these were honest mistakes, rare flukes as a coincidental result of an alignment of the planets. However, mere cursory research into the personal backgrounds and experience of these two judges shows otherwise.
=Conclusion=
 
Our maimed “justice” system is the result of flawed philosophies and the misalignment of incentives. Imagine losing your house, your job or ''worse'' your child simply because a judge was too lazy to read what he or she was signing. Judges are acting like cogs in a wheel, simple machines "rubber-stamping" their signatures on paper without scrutinizing the contents. Apparently, some judges just don’t have time for this right We The People call '''due process'''.  
In 2022, Judge Bowers praised Brantley stating
 
Imagine losing your house or, worse, your child simply because a judge was too lazy to read what they were signing. A judge disregarding true due process and lackadaisically
 
We The People are regularly robbed of rights by judges acting like cogs in a wheel, simple machines stamping signatures on pieces of paper without scrutinizing the contents. Apparently, they just don’t have time for that.
 
 
UPDATE:  On April 18, 2022, Judge Flournoy disclosed in a hearing that his wife recently hired the same Guardian Ad Litem as her probate attorney. Judge Flournoy finally recused himself from the above described cases on April 25, 2022 upon the Father's request in light of the latest conflict with the Guardian Ad Litem. However, in his recusal orders Judge Flournoy blamed this [https://mcmasterforcobb.com/why-matt mcmasterforcobb.com] website for his need to recuse himself without mentioning his conflict of interests with the opposing attorney and the Guardian Ad Litem. The Father still has not seen his only daughter in over a year as the case now hangs in limbo. This is all the tip of the iceberg. If you want to know more about Cobb County court corruption, visit [https://thewikilaw.org/wiki/index.php?title=Cobb_County_-_Judicial_Misconduct thewikilaw.org].
 
 
The young lady is still in the lion’s den because the Cobb County court system failed.
 
Now ask yourself:  What if this was your child?
 
 
The Powers That Be in Cobb County will not like what I have stated herein. But I would be lying if I worded it in any manner they approve. That is why I am running and why you should vote for me.


Lives are unjustly ruined daily at the hands of our judicial leaders, but it doesn't have to be that way. Calling all voters: '''Cobb County needs your help.'''


[[Matthew D. McMaster, Esq.]]
[[Matthew D. McMaster, Esq.]]


Candidate for Cobb County Superior Court Judge
Candidate for Cobb County State Court Judge
<br>
[[File:DontPassTheBuck.jpeg|left|200px|Faux Process]]

Latest revision as of 08:17, 24 April 2024

In 2019, I represented a mother in Muscogee County in a custody battle for her 5-year-old son. The mother had primary custody at the time and an intermittent hearing was held to potentially appoint a Guardian Ad Litem to the case. The judge asked the father’s attorney to draft an order appointing the Guardian Ad Litem. The opposing counsel drafted the “proposed” order for the judge to review. In the proposed order, however, the opposing attorney inserted a clause that changed full custody from the mother to the father. The judge carelessly signed the order and the mother lost primary custody of her son without notice or a hearing on the matter. It took over a year for the mother to get primary custody of her son back.

Faux Process

So what happened here? How could a judge simply sign parental rights away at the drop of a hat, without notice or a hearing? This is what I call “faux process” (contra to “due process”) and what many attorneys refer to as a “rubber-stamped” order. The formula for this injustice is as follows:

(1) A judge sets a hearing on a specific matter.
(2) The judge picks a prevailing party and tells the attorney for the "prevailing party" to draft a proposed order for the judge to sign.
(3) The prevailing party's attorney drafts the order and inserts wording awarding additional remedies that were not within the scope of the judge's oral ruling.
(4) The judge then signs the order without scrutiny, thus awarding the drafting party the remedies improperly inserted into the proposed order by the prevailing party's attorney.

The case in Muscogee County was not the first time I witnessed a person denied due process by a rubber-stamped order, nor was it the last. In fact, my first recollection of such injustice occurred at the hands of a Cobb County State Court judge, the Honorable Carl W. Bowers, and my most recent experience was at the hands of a Cobb County Superior Court senior judge, the Honorable G. Grant Brantley.

Passing The Buck

Rubber-stamped orders are perhaps the biggest threat to due process in civil cases. I have witnessed this in multiple courts and by different judges across the State of Georgia; it is Judge Brantley's modus operandi and "if you don't like it, you can appeal," as Brantley would say. Unfortunately, appeals are expensive, not everyone can afford an appeal and the appellate court presents its own unique barriers to equitable case resolution. Brantley’s way of "passing the buck" onto the Georgia Court of Appeals is an irresponsible use of resources and acts contrary to justice.

In 2022, Judge Bowers publicly stated that "Brantley’s given [Bowers] great advice many, many times over the years when [Bowers] worked with him," and "[Bowers] learned so much from him that [Bowers] use today in the courtroom in state court." While Judge Bowers did not specify exactly what “advice” Judge Brantley has given Bowers that he uses in the courtroom, my personal experience shows that, like Brantley, Judge Bowers executes the "rubber-stamp" process systematically. In 2018, Judge Bowers presided over a hearing regarding a very specific issue—I represented the defendant in the case. At the end of the hearing, Judge Bowers made an oral ruling in favor of the plaintiff and told the plaintiff’s attorney to draft an order for Bowers to sign. In his proposed order, the plaintiff's attorney inserted a clause that resolved a material issue to the case that was not within the scope of the hearing and cited inapplicable law to justify the bogus ruling. Judge Bowers signed (or “rubber-stamped”) the proposed order, which created additional unnecessary litigation.

In 2022, I was hired to defend a civil matter in Fulton County that should have been dismissed with just one hearing by a competent judge. However, the Fulton judge presiding over the matter was not interested in making decisions based on the facts and the law. After multiple unsuccessful motions to recuse the presiding judge, the Fulton County judiciary recruited Judge Grant Brantley from Cobb County to take over the case. With Judge Brantley now assigned to the case, I had high hopes that my client would finally get a fair shake and the case would be dismissed as it should have been over two years ago. That was not the case. Rather, Judge Brantley simply reaffirmed the bogus rulings of the assigned judge with his “rubber-stamp” MO. It would appear to a competent lawyer or judge that Judge Brantley knew absolutely nothing about the applicable law in the case. That case is still pending—though, again, it should have been dismissed and closed over two years ago.

Faux Process

The Georgia Code of Judicial Ethics bars the mere appearance of impropriety. As to the practices and habits implemented by Judge Brantley, it appears that he recklessly rushes rulings and "rubber-stamps" orders systematically to rapidly close cases. He's simply not preparing for cases over which he presides and blitzes to the conclusion he wants without properly verifying the law or facts to his cases. Presumably, a primary cause of Judge Brantley’s heightened level of impropriety is that he—like other senior judges—is not subject to election or re-election and has the benefit of remaining in a perpetual lame duck term. In short, senior judges cannot be held accountable and, therefore, a conventional approach for curbing Judge Brantley’s behavior is unavailable. Thus, challenging Judge Bowers is my unconventional attempt to make a positive impact on resolving this senior judge conundrum. While I understand that Judge Bowers is an active State Court judge and not a retired senior Superior Court judge, I firmly believe that opposing Bowers in this election is a step forward in preserving due process for the People of Cobb County.

Conclusion

Our maimed “justice” system is the result of flawed philosophies and the misalignment of incentives. Imagine losing your house, your job or worse your child simply because a judge was too lazy to read what he or she was signing. Judges are acting like cogs in a wheel, simple machines "rubber-stamping" their signatures on paper without scrutinizing the contents. Apparently, some judges just don’t have time for this right We The People call due process.

Lives are unjustly ruined daily at the hands of our judicial leaders, but it doesn't have to be that way. Calling all voters: Cobb County needs your help.

Matthew D. McMaster, Esq.

Candidate for Cobb County State Court Judge

Faux Process