Counsel, Did You Say Meth or Math Lab?

Copyright (c) 2009 Lucille Uttermohlen

I don't know what happened to this judge. At the last hearing, the ex-husband didn't even show up. He told his attorney that his garage door was shut because of an electric outage. The judge pointed out that the guy could have made a lot more of an effort, even if he had to hire someone to get him to court. The support increase we had requested nine months before was granted and made retroactive. Nice job. Domo Aregato, Mr. Judicial. Yada! yada!

The judge continued the issue of whether the ex-husband should be granted unsupervised visitation for a month. Santa must have missed his honor's house, because his attitude underwent the kind of stupid adjustment all too common in the American judiciary. His head went straight up his black robe, thence proceeded north ... you get the idea.

We proved that despite the elaborate drug treatment program the ex-husband had completed, he had bought liquor several times since his release. His girlfriend had several alcohol convictions. He went to jail to visit with his good buddy who was there for dealing and making meth. He had threatened to take the child by force if he didn't get visitation when he wanted it.

As I stated earlier, the guy had completed a drug addiction program. His release papers stated that he would be fine as long as he followed the recommendations of the program. He admitted the recommendations included attending "AA" meetings and counseling, neither of which he had done.

Judge Stupid not only gave the ex-husband full visitation rights, but he also said my client was in contempt. So what order did she disobey? The original decree said the husband's visitation was at times and places as agreed to by the wife. She withheld visitation when he threatened to steal the child. She thought that he might disappear into thin air with the little girl. After all, she didn't even know where he lived because he refused to give her his address.

The judge also held her in contempt for "failing" to pay half of $4,300.00 in marital debts. She worked as a bartender and made $200.00 a week. The ex-husband was paying her $35.00 per week in child support when he had one of the three jobs he lost in 2008 making $25.00 per hour.

There is no adequate remedy for judicial stupidity. The judicial commission can only help if someone catches the judge taking a bribe, soliciting sex, buying drugs, or doing something equally reprehensible. Stupidity cannot be punished or used as proof that someone is unfit for judicial duty. Voting the guy out of office would help. However, judge elections only occur every 6 years, and many attorneys are hesitant to run. Our local bar association will support one of the candidates, and frankly, it is embarrassing to face one's colleagues when they have taken sides against you.

The public cannot be told of the suspicions of corruption or stupidity we attorneys may have about a given jurist. If we are wrong, or deemed to be so even if we're not, we can find our own sweet butts in front of the disciplinary commission. Even if that doesn't happen, the judge in question won't look favorably on the attorney who reported him / her. This could make future visits to that judge's court, shall we say, awkward?

Meanwhile, this 2-year-old child may find herself alone with a man who is passed out and unable to help her, say if she is playing with matches, choking, or otherwise in need of adult assistance. She cannot report Daddy's behavior because she has neither the language nor experience to understand it or its detrimental effect on her safety. I tried to make the judge understand this. His response? "Hearing adjourned."


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Lucille Uttermohlen has been an attorney for 27 years. If you have questions about the legal process, visit Lucille at http://www.couple-or-not.com for lots of free information, and answers to your legal questions by email.