How one man is beating the system


#1

Any judge would be obligated to recuse himself from a case. I’m not sure if there is a way to know for sure but her lawyer should be able to tell if the law is being followed. Contact the Child Support Enforcement Agency, since she knows where he is and see if there’s anything they can do.


#2

Judges are elected officials and are charged with impartiality. If a judge feels they have a conflict on an issue they should recuse themselves, it appears that a judge in your case did exactly that. Eventually your case will get heard, but I know that the delays can be frustrating.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#3

My wife’s case has been delayed yet again. The latest judge is a male, but my wife’s attorney was informed that he was not a Freemason. After doing some online searching, I found out that he IS a Freemason. My wife’s attorney then went to the district Chief Justice and asked for special arrangements to have my wife’s case heard in front of a female judge.

I don’t know what was said, but the Chief Justice really spooked my wife’s attorney. It appears that he is a Freemason as well. My wife’s attorney says that she’s not going to mention the Freemason issue anymore; she’s afraid that she will alienate too many of the judges and make her job too difficult in her other cases. She wants to just keep waiting until a female judge is on duty in our Civil Court again. The earliest that can happen is September. That will make it two full years that my wife has been trying to get the arrears from her ex-husband in court and over five years since her ex made his own decision about how much child support to pay.

Ms. Nevicosi, I know that our judges are elected officials, but in last year’s election, every single incumbent was running unopposed. How can we throw the bums out if we can’t even vote against them?

Isn’t our “justice” system grand?


#4

I don’t think I can agree that Judges are “bums” simply because they are Freemasons. Judges also have to avoid the appearance of impropriety, which means they have removed themselves from the case, even though they probably could have decided it impartially. Your attorney is right that she should not risk angering all of the Judges, that will not help your case.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#5

My wife’s ex-husband owes thousands of dollars in back child support. She’s been trying to get this matter addressed in court for nearly two years, but her ex has found a way to get a never-ending delay. He became a Freemason, and most, if not all, of the male judges in our district are also Freemasons.

For those who don’t know about Freemasons, it is a male-only club of “good ol’ boys” who take an oath to protect their “brothers” in any way that their position and ability allow. On the one occasion that my wife got her ex into the courtroom, he grinned when he saw the judge. The judge, to his credit, admitted that he knew my wife’s ex, and he recused himself. How can my wife go before a Freemason judge and be sure that he will follow the law instead of his Freemason oath?

In order to avoid the conflict of interest with the Freemason judges, my wife’s attorney has tried to get the case heard in front of a female judge. Each time a female judge is on duty in civil court, however, her ex’s attorney has some other case that ties up all of his time.

The result: a never ending delay.