Judge facing discipline for intervening in custody case

On behalf of Stange Law Firm, PC posted in Divorce on Friday, June 22, 2018.

Divorce proceedings in Springfield can often become emotional given the stakes involved. However, participants in such cases rely on the fair and unbiased guidance of court professional in order to keep things on task. It is this very lack of connection between the parties involved which affords judges and other officers of the court the authority to render valid judgments. Were one such official to have ties to one side, ethical standards may require that he or she excuse him or herself from the proceedings in order to avoid the impression that one party might be privy to favorable treatment.

A recent case involving a judge in New Jersey illustrates why this is absolutely necessary. She has become subject to professional discipline for intervening in a custody case involving a former associate. According to reports, she called a local police station claiming that she was the emergent judge on call, and that an attorney had contacted claiming that his client’s ex-husband had taken custody of the children despite a court order saying they were to spend Mother’s Day with their mom. It was later discovered that not only was the judge not on call, but that the court order she referenced never existed and the phone call with the attorney never occurred. Subsequent investigations revealed that the judge knew the mother in the case, and that she lied to allow the woman to retain custody during the holiday.

Despite the judge involved in this story not being involved in the custody case in question, her intervention may show exactly why divorce proceedings need to managed by unbiased parties. Those who need to ensure that this happens in their cases may need to involve the assistance of an attorney to ensure that it is so.

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