Difference between revisions of "Faux Process And Rubber-Stamped Orders"
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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> | 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> | ||
(1) First, a judge holds a hearing.<br> | (1) First, a judge holds a hearing.<br> | ||
(2) Then at the hearing, the judge makes an oral ruling and tells the attorney for the "winning party" to draft a proposed order for the judge to sign. | (2) Then at the hearing, the judge makes an oral ruling and tells the attorney for the "winning party" to draft a proposed order for the judge to sign.<br> | ||
(3) The drafting attorney then inserts wording awarding additional remedies that were not part of the judge's oral ruling nor within the scope of the hearing. | (3) The drafting attorney then inserts wording awarding additional remedies that were not part of the judge's oral ruling nor within the scope of the hearing.<br> | ||
(4) Lastly, the judge signs the order without scrutiny, thus awarding the drafting party everything improperly inserted into the proposed order regardless of whether it was within the scope of the judge's original ruling. | (4) Lastly, the judge signs the order without scrutiny, thus awarding the drafting party everything improperly inserted into the proposed order regardless of whether it was within the scope of the judge's original ruling.<br> | ||
That 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 I sincerely want to believe that these were honest mistakes, rare flukes caused by the coincidental alignment of the planets, mere cursory research into the personal backgrounds and experience of these two judges shows otherwise. | That 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 I sincerely want to believe that these were honest mistakes, rare flukes caused by the coincidental alignment of the planets, mere cursory research into the personal backgrounds and experience of these two judges shows otherwise. | ||
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