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Letter from the Judge's Office

TheOtherMom's picture

DH received a letter in the mail from his lawyer asking if he wants to sign a waiver from the Assistant Judge in the custody case.

The waiver, if he signs it, will waive his right to appeal the judge's decision. If he doesn't sign it, the judge won't hear his case and another judge will have to be found.

Why would this happen? Isn't the right to appeal one of our constitutional rights?

Advice?

Comments

Rags's picture

HELL NO...... DON'T SIGN IT! And .... press charges against the judge for blackmail. This can't be legal.

Yet another example of the bottom 10%er idiots of the legal community that go in to family law.

IMHO of course.

Butterflykissesandlicks's picture

TheOtherMom-

Please tell me that this is not correct? I have never read anything so illegal in my life.

stormabruin's picture

I would get some clarification/advice from your DH's lawyer. I don't have experience with anything like that & am unsure why a judge would just refuse to hear a case & I'm unsure why they would approach him upfront to request he waive his right to appeal the judge's decision.

I would definitely talk to your DH's lawyer & find out the reason behind something like this.

I would lean toward not signing anything like that, as it sounds like it'd cut your DH out of his rights.

If he has to go before another judge, let it be.

mom2five's picture

To your question...No you do not have a constitutional right to have appeal a decision. As a matter of fact, you can't appeal most decisions. In order to successfully appeal a case, you have to show an error. It's not enough just to disagree with a decision. To put it in perspective...less than 2% of petitions to the Supreme Court of the United States are granted Cert.

As to whether or not he should sign...the ONLY person who can answer that is your attorney. He knows your state courts, he knows the judges, and he knows local court rules.

stormabruin's picture

Do you have some insight you can share about why a Judge's office would send a letter like this?

mom2five's picture

Sorry. No idea. Judges do weird things. The judge assigned to the case might have a conflict. Your attorney might know the reason. I would talk to him about the benefits vs the risks of signing a waiver. It's probably not a huge deal.

TheOtherMom's picture

Thank you all.
DH set an appointment with his lawyer to find out what is going on.