Judicial misconduct??

[annemichellesdad]

Around here, the standard answer for legal questions is "hire an attorney". So, last week, I attempted to do just that. My goal was to get a judge recused for what I believe are actions and remarks demonstrating a clear and partial bias against me and in favor of the ex.

I went to three different attorneys and explained the case in detail to each of them. In the end, the cost was simply going to be too great to bear on top of what I'm already paying in support just to stay out of jail. (Yes, my ex is one of those who LOVES to file contempt charges when, for example, medical payments are not strictly paid in 30 days.)

Well, I just found out yesterday that one of these attorneys contacted the judge personally following our consultation and gave him a "heads up" about the impending effort to recuse. The judge in question not only accepted this information but solicited the attorney to provide him with a copy of my proposed motion.

It is my understanding that anything said by me to the attorney is privileged, even if he was not ultimately hired. If correct, than this attorney has made a serious breech of ethical standards. But what of the judge? Who is this to be reported to? What are the ramifications? What is the oversight for judges to which I may turn?

And yes, I do have evidence, but for prudence sake please let us not get into that issue at all right here for now.

Thanks

[jilly]

I would file a complaint with the local State Bar against the attorney who told the Judge what you're trying to do.  That is completely unethical and I would think violates the Code of Professional Conduct.

I would also go to the District Court Judge who oversees judicial conduct and file a complaint against the judge and see if you can get a recusal that way.

[annemichellesdad]

Thank you for your reply. I was unsure of who judges the judges. Based on your reply, I was able to find the Georgia Code of Judicial Conduct which explicitly prohibits this sort of thing, showing that his his conduct was a breech of several of its canons.

Am I making too much of this? That is to say, will I be PERCEIVED as making too much of this because it is common behavior, or is it really as reprehensible to the members of the profession as it seems to me?

[jilly]

If it's something that can be detrimental to your relationship with your children then it's not making too much of it.  How the judiciary may see it is another matter.  I would hope that they find this conduct reprehensible.  After all, that's why they've got rules of conduct.  But again, you just never know.

Good luck!

[mistoffolees]

>Thank you for your reply. I was unsure of who judges the
>judges. Based on your reply, I was able to find the Georgia
>Code of Judicial Conduct which explicitly prohibits this sort
>of thing, showing that his his conduct was a breech of several
>of its canons.
>
>Am I making too much of this? That is to say, will I be
>PERCEIVED as making too much of this because it is common
>behavior, or is it really as reprehensible to the members of
>the profession as it seems to me?
>
>

My personal view is that you're not making too much of it, and it clearly is reprehensible. However, you have to ask yourself if you can really accomplish anything. In some small towns, there is a very close-knit community involving the attorneys and judges. If that's the case, you might win the battle, but lose the war.

Having said that, I would definitely file a complaint with the State Bar if you have evidence.

If there's a law school near you, you might also ask to meet with one of the professors for guidance.

[annemichellesdad]

Thank you for taking the time to reply.

This is a fairly large court system in a major metropolitan area. There is, indeed, a close-knit community of lawyers and judges, but it is also being challenged by newcomers who are wanting to end the corruption. There are, four example, four full-time superior court justices, and until recently almost never ran for office opposed. The county (in the deep south) has gone from majority white to majority black in under a decade, and it just elected their first black superior court judge (who also just happens to be a woman). She ran specifically on a platform of "justice for all", and clearly as an outsider to the system.

As I mentioned before, this latest malfeasance is only the latest in a long string of transgressions against both me, my child, and the constitution. I've got nowhere to go with this but up.

I think I'll be filing a motion to recuse with the evidence I have, as well as submitting this to the appropriate oversight authorities.

Thank you again

[mistoffolees]

Good luck. I hope it works out for you. Please keep us posted.