NJSBA Family Law Section

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  • 1.  ruling on the record

    Posted 11-20-2015 03:52 PM

    Mates,

    A post-judgment enforcement motion was filed by former wife/plaintiff, no response received but defendant showed up at hearing without representation.  The Court explained to him that because he had filed no papers, he was being allowed to speak out of courtesy only.  At the end of argument, the judge said she would be ruling in open court,  putting the ruling on the record at 2p.m. that afternoon.  Defendant showed up for ruling.  Judge read her ruling.  She also told defendant she was concerned that, in his divorce settlement, he may have agreed to more support than he could afford.  She conversed with defendant and explained that if he had cross-moved in response to plaintiff's motion, she could have decided then and there to reduce his support.  She urged him not to wait but to file a modification.

    There was no written statement of reasons for the ruling so I ordered the CD and the reasons for each ruling were stated as was the convo between defendant and judge, after the ruling was read.  I found it upsetting plus the judge told defendant she thought his heart was in the right place??!!

    Was there anything wrong, inappropriate, or unethical about this? I guess I think the urging to file and modify was going beyond.

    ------------------------------
    Mary Jane Leland Esq.
    Leland Law Firm, LLC
    Freehold NJ
    (732)409-7777
    ------------------------------


  • 2.  RE: ruling on the record

    Posted 11-20-2015 04:34 PM

    Mary Jane,

    I don't think Judicial Ethics would seriously challenge a motion judge for going the extra mile for a pro se.  I certainly understand your frustration, yet looking at the matter from a systems perspective, the Judge was showing concern for an unrepresented party.

    Was the Judge substantively wrong?  Did Defendant agree to pay more support than he could afford?

    I would focus on whether the Judge got it substantively right, even if her method was procedurally questionable.

    If the Judge got both substance and procedure wrong, then fight it out at the MFR and then consider an appeal.

    Hanan

     


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    Hanan M. Isaacs, Esq.

     

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    Family Law

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    ruling on the record

    Image removed by sender. Mary Jane Leland, Esq

    Nov 20, 2015 3:52 PM

    Mary Jane Leland, Esq

    Mates,

    A post-judgment enforcement motion was filed by former wife/plaintiff, no response received but defendant showed up at hearing without representation.  The Court explained to him that because he had filed no papers, he was being allowed to speak out of courtesy only.  At the end of argument, the judge said she would be ruling in open court,  putting the ruling on the record at 2p.m. that afternoon.  Defendant showed up for ruling.  Judge read her ruling.  She also told defendant she was concerned that, in his divorce settlement, he may have agreed to more support than he could afford.  She conversed with defendant and explained that if he had cross-moved in response to plaintiff's motion, she could have decided then and there to reduce his support.  She urged him not to wait but to file a modification.

    There was no written statement of reasons for the ruling so I ordered the CD and the reasons for each ruling were stated as was the convo between defendant and judge, after the ruling was read.  I found it upsetting plus the judge told defendant she thought his heart was in the right place??!!

    Was there anything wrong, inappropriate, or unethical about this? I guess I think the urging to file and modify was going beyond.

    ------------------------------
    Mary Jane Leland Esq.
    Leland Law Firm, LLC
    Freehold NJ
    (732)409-7777
    ------------------------------

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  • 3.  RE: ruling on the record

    Posted 11-20-2015 04:37 PM

    What was the ruling? Did Plaintiff win , lose or draw? Has Defendant filed for modification? If so Judge should recuse herself. If not then leave it alone.

     

     

     

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