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Author Topic: settlement conference CA  (Read 8699 times)

mistoffolees

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RE: has anyone heard of this?????
« Reply #20 on: May 04, 2007, 02:16:35 PM »
>My attorney thinks that he can get a sex offender straight
>outta prison more time than he can get my dh.. we have asked
>him how can we get her off this case, he said its virtually
>impossible as she is the one who reviews and approves  the
>requests for dismissal. We will have to see what happens next
>week, we will take it to the top if we have to..  the problem
>is that in this town the attorneys dont want to piss her off..
>cause if you do.. shell screw you on every case in front of
>her for a month!!
>
>I need to do some research.. but Im not really sure where to
>start..

I agree that it doesn't look very plausible that you'd get anywhere with this judge. Your best shot would be an appeal.

Unfortunately, an appeal is time consuming and expensive. Even worse, judges have a huge amount of discretion in custody cases, so it't not clear that there are even grounds for appeal. Sure, the judge's actions look very biased, but all he has to do is say that he investigated and found sufficient reason to reduce the DH's time on the basis of whatever is alleged to have gone on.

If your attorney has 30 years of family law experience, your best bet is to work with him and do what he says. It could well be that he'd have a chat with the judge when DH goes in for his 30 minutes and explain that he's going to have to file an appeal. It's hard to threaten a judge and win, but that might be all that's left.

Other than hoping that the judge retires and you can find cause to file a new case.


 

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