There is a growing dissatisfaction among the Family Bar with the Senior Judges.
Some of the complaints:
- Senior Judges from the civil bench who don't know a thing about family law have applied the wrong statutory standards and ignored controlling case law;
- The use of Senior Judges breaks up the importance of continuity (you know, the old "one family/one judge rule") in family law cases, including determining what is in the best interests of the child;
- Welcome Back! Once the Judge is back on the bench, here is a Motion to Reconsider;
- Boo! More legal fees for everyone involved because of the Motions to Reconsider; and
- Delays, delays, delays.
There are numerous judges in the Family Court who now refuse to use Senior Judges for the reasons listed above.
Have you had problems like these? Is this an issue for the civil and criminal bars too? Share your stories in the comments.
Should we care? The "family bar" is mostly comprised of bottom feeders that have no regard for the law or the truth.
ReplyDeleteThis is actually a good topic. Everyone please ignore the bomb thrower that is 8:25.
ReplyDeleteThere aren't any family law senior judges?
ReplyDeleteHi! Bottom feeder here. Because we have used specialized judges for quite some time, the senior judges out of the civil (non-family) bench are disconnected from the current applicable laws. Not their fault, really, since they didn't have to worry about the body of law related to family court.
ReplyDeleteThe best strategy to employ is to come up with a way that you can relay applicable law to the senior judge while making it sound like he knew that was the law all along. That way, you aren't telling them how to do their job.
The biggest problem is that if a family court judge elects to use a senior judge, the senior judge rules inappropriately, and a motion for reconsideration and/or rehearing is filed, then the family court judge will usually bring the senior judge back in to hear that motion.
An additional problem is that some of the senior judges will not pass matters to the regular family court judge's calendar, since they are being brought in to make decisions, and it seems wasteful to them to pass matters. I agree in most cases, but the senior judges need to be aware that their decisions, especially in complex cases where the family court judge has a real grasp on the issues, is actually the least disruptive option. I haven't figured out how to relay this importance to the senior judges effectively yet, but I'm working on it.
The entire notion of senior judges violates "one family, one judge" but so does the reallocation of cases when new departments are brought on line, as will be the case in January, 2011 when there are two new departments brought into family court.
The alternative to the senior judge program is for judges to take a minimum amount of time away from the bench, and just have dark courtrooms, though logistics preclude this, since some departments set hearings months out, and the judge may be obliged to attend a seminar of which they were not aware at the time the hearings were scheduled, etc.
The senior judge program has been hugely effective in its role as settlement judge, reaching approximately 74% settlements. Getting rid of three out of four contested matters through the use of senior/settlement judges is very beneficial to both the litigants and the courts, and I personally believe is the best use of senior judges.
The occasional use of senior judges to cover calendars when the regular family court judges simply can't avoid leaving the bench for some unexpected reason should be the exception, rather than the rule, and the family court judges should take great efforts to avoid their use except in emergencies.
That's all this bottom feeder has to say.
I practice family law and LOVE appearing before senior judges.
ReplyDeleteSeriously, who doesn't like a circus? With kids and litigants' due process rights all being thrown to the lions, those seniors could teach the Ringling Brothers a thing or two... The unpredictability and chaos is both exciting and entertaining.
While I will admit that I am occasionally saddened when those crazies randomly change custody and harm kids due to the fact that they don't have even a slight clue about the law, I think that, overall, their entertainment value outweighs the horrific harm that they do.
Hey Bottom Feeder Windbag. Nice term paper. You getting paid by the word? Yawn
ReplyDeleteOk maybe 8:25 is a bit out of line, but why do you think that family court judges, senior or otherwise, are any less prone to irrational rulings?
ReplyDeleteI had a friend that was victimized by this bullshit system. Three six hour evidentiary hearings, two of which were heard by the senior judge. (The senior judge who was voted out after one term because he sucked so bad). Then the decision was issued by the sitting judge. Likewise, the sitting judge who couldn't bother to be there herself refused to award any fees even though the senior judge had specifically awarded fees.
ReplyDeleteThe level of incompetence, stupidity and laziness by this judge who will remain nameless is amazing. These judges seem to systematically ignore the law under the guise of "best interest of the child" to reach whatever crazy decision they want.
By the way, how can we vote a judge out of office only to come to court and find the dumb ass serving as a senior judge?
ReplyDelete9:29 AM - what seminar would a judge in our district have to attend? Basket Weaving 101? Or how about Advanced Finger Painting?
ReplyDeleteThere is definitely a problem with Sr. Judges in Family Court. One exception is Chuck Thompson. He generally gets it right and is the best out here.
ReplyDeleteMake no mistake, the first time I walk in to Gates sitting there, I'm walking the fuck out.
What about the use of pro tem judges in J.Ct.?
ReplyDeleteHow does every one do in front of them, as opposed to the regular JP's?
If they lose the election, (you vote them out) they cannot be senior judges. If they retire, (choose not to run) they are allowed to be senior judges.
ReplyDeleteYears ago the "family" matters were just part of a District Court judge,s calander. Civil trials were all subject to the same evidentary and proceedural rules. Some of our senior judges handled as many or more family matters as most of the family court judges now sitting. Unfortunately Family Court has morphed into a hybrid (some legal, mostly social services) conglomoration where different evidentiary and procedural rules are applied. Family Court judges act as the lawyer for pro se litigants as well as the judge on the case.
ReplyDeleteThe impact of Pro Per cases has had a major impact in throwing the rules of evidence out the window. Most senior judges know how a trial should be conducted and what evidence is admissable. Family Court has its own ideas. It is doubtful that many Family Court lawyers would know how to try a
case in the RJC. Maybe the lawyers that practice primarily in Family Court should reassess their limited
legal expertise in an isolated field of law and real courtroom experiance, to understand that it may be frustrating for a Senior Judge to sit in a foreign environment.
1:52 PM: Another "bottom feeder" here. I note with some amusement that you equate specializing in a particular area of the law with having "limited legal expertise in an isolated field of law and real courtroom experiance [sic]." Dear jackass of all trades and master of none, clearly spelling and grammar are not among your areas of experteez. If a Judge doesn't know what he or she is doing, he or she does not belong in a courtroom doing it. It is about the litigants and the best interests of their children; it isn't about preserving the ego of some random codger on the bench. Senior Judges need to go.
ReplyDeleteI hate when the senior judges apply Van Camp instead of Pereira...so absurd.
ReplyDeleteDon't get me started. Don't even get me started....
ReplyDeletehttp://www.nbc.com/saturday-night-live/video/jeanie-darcy-at-st-josephs-hospital/2851/
Ugh. Can we talk about real law now?
ReplyDelete@3:47 - So, this doesn't happen in real law? That was one of my questions. No one has encountered a problem with Senior Judges in their Civil or Criminal practices?
ReplyDeleteLast time I checked the rules of civil procedure do not apply in family court, not to mention it is usually a couple of lawyers or pro se litigants yelling back and forth hoping whoever speaks last will be the winner.
ReplyDeleteBar Bri Model Answer:
ReplyDelete"Both Pereira and Van Camp have merits and NV courts may choose to apply either to achieve substantial justice. Pereira is generally the preferred approach in NV because it favors community property."
I hate the Bar Exam.
the senior judges seem to clean up in criminal court b/c they tend to blow in like a tornado, issue a bunch of decisions on matters the regular judge was kicking around and babysitting, they push the docket along, and disappear again.
ReplyDeleteI just got my first case assigned to Judge Navaro in federal court.
ReplyDeletecorrection, Navarro
ReplyDeleteWhat I would really like to see is a legal rumble between Senior Judge Gates and judicial nominee Gayle Nathan. She is a complete cow and he, well he is Gates.
ReplyDelete1248 here.
ReplyDeleteIf you are in family court and see Gates on the bench, and a handsome devil, walking the fuck out. It's me.
Senior Judges have rectal itch. This is bad. Litigants lose and family law attorney scum won't get paid.
ReplyDelete106 heres a history lesson. Terry Marren was voted out of office to a lesser legal mind because in part, he was getting overturned by the nevada supreme court frequently. He sucks and he's not even close to the worst
ReplyDeleteNothing prevents him from running again. They don't let him sit as a senior judge do they?
ReplyDeleteThanks for the unnecessary and irrelevant history lesson.
ReplyDeletegood luck 4:38 Navarro is way more stupid than most of the judges we bitch about on this site. Harry Reid is just lucky he's running against a lunatic.
ReplyDelete10:03 the only thing that keeps senior judges from running again is the knowledge that no one in their right mind would vote for them
ReplyDeleteAnd you will really hate the bar exam when you find out in October that you failed!
ReplyDeleteTo:July 21, 9:29
ReplyDeleteI would bet that all a FC Court Judge would have to do is request a Sr. Judge to continue a matter and the Sr. would be delighted to do so.
July 21 1.52
ReplyDeleteUnlike some bottom feeders
I have the resoresays to hire a legal staff to do the spelling.
I spotted the BK hottie!! She is, er, hot! She puts that skirt on like Iron Man puts on his suit - with a lot of help. The result is absolutely outstanding. Grand. Super. Vavoom. Meaow.
ReplyDeleteOkay, now I am off to confession. Bye.