Royallyskr


#1

If the judge is friends with someone involved in the case, the best thing to do would be to have it heard by anther judge. I think that only in the case where there are no other judges available the presiding judge can disclose that he has a conflict of interest in the case, but even then it could be moved to another court district I believe…not sure on that but I do know that there are laws about this and procedures that must be followed. It would seem that the attorney would know what must be done in these situations…


#2

thank you for your reply… the attorneys he has had {2} have failed to do thier job right… in other words they suck! They said she has to hear it and no one has a say so in the choice. Unless she relieves herself of all duties… of course she is not going to do that… she is probably getting a cut!! It is messed up bad… and no one had offered him any help other then just telling him he has to do what the judge says…this website and one other out of charlotte has helped us out more in the past 2 hours then any attorney has in the last 2 years!!! And this is free… go figure!! any more advice would be helpful… thank you


#3

The attorney could file a motion to recuse the judge, but this is something that should only be done in extreme circumstances. If you move to recuse a judge and you are not successful, then you can alienate the judge even further. He can appeal the judges ruling, but only has a limited time to do so. In order to be successful on an appeal he must prove that the judge abused his discretion, he is looking at an uphill battle, because this will be very hard to prove.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

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

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

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.


#4

How About the ex used to work for an attorney in the county where the judge is hearing the case and knows EVERYONE in the court here. Even a few of the GOOD attorneys my fiance tried to hire said they couldn’t help him because it would be a conflict of interest. Other words they are HER friends! Would that be enough proof that the judge is ruling in a case that she shouldn’t be! The first judge relieved himself because he was honest and said he knew her and it would be a conflict of interest! Anymore suggestions… do you think that we have proof here to do something??
The catch is the judge only gave my fiance 10 days to pay 26000.00 or she bluntly said she will have a warrant for his arrest! Is this fair… I mean 10 days!

janne


#5

The mere fact that your fiance’s ex used to work for an attorney would not be sufficient to remove the judge. The court would leave it up to the judge to determine whether they felt they could rule fairly on the case. If the judge was friends with your fiance’s ex, it would clearly be a conflict.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

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

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

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.


#6

Recently my fiance has been battling with his ex for almost two years! The divorce has been final but the post seperation support and the Equitable distribution is ongoing. The judge who is making the decisions is buddies with his ex wife and has made NO fair rulings, including the last ruling made after a change in circumstances hearing. My fiance business had a fire last year and his income has been reduced and proven with all of his tax records and paperwork from his accountant and support from his attorney. He asked that the post seperation be reduced due to his circumstances. Which the original order was 3500.00 a month with NO children and the ex makes 50000. plus a year!!! So the judge was very rude and barely allowed his attorney to speak during the hearing. The decision was made and denied also demanding that he pay past due support in the amount of 26,000.!!! before Sept 15… thats insane! Is this fair and is there an appeal process?? Is the judge subject to being barred for hearing a case that she is friends with the plantiff?? Can he ask for another juge to hear the rest of the case?? What is wrong with the judicial system in NC… or maybe it is in just Rowan County!..[:(!]