c_jane
Pooh-Bah
Reged: 04/06/07
Posts: 1759
Loc: In the Great State of Texas
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I have a friend going thru a messy divorce but no kids (thankfully). Anyway, the judge dislikes her intensely -- enough so that several visiting attorneys have commented on it in the courtroom.
Question: she (the Judge) was so eager to rip my friend a new one this AM that she didn't swear her in. Is that a cause for a mistrial??
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John Constantine: God's a kid with an ant farm.... He's not planning anything.
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Drew
old hand
Reged: 07/30/07
Posts: 1017
Loc: somewhere more familiar
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Was there a court reporter?
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"living, learning, from my creator. you gave me life now show me how to live" c. cornell
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PhoenixRising
Carpal \'Tunnel
Reged: 01/05/07
Posts: 3681
Loc: New York
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For most of my 3yrs of divorce trial, neither my ex nor I were "sworn in". We would be in front of the judge but we did not "take the stand" and get "sworn in".
So no I do not believe that she could get a mistrial declared. However, there should have been a court reporter and she should be able to get the transcripts.
If the judge acted inappropriately she can send copies of the transcripts to the ethics committee.
However, getting "reamed" by the judge would probably not be cause in of itself. My EX contradicted himself constantly in court and found himself, being "reamed" on a regular basis.
Judges are allowed wide latitude in their courtrooms; a judge would have to go WAY outside the bounds of propriety for it to be considered unethical or improper.
I think it would be easier for her to determine which of her behaviors are pi$$ing off the judge and stop doing them.
I find much about our legal system to be broken.
The fact that our lives, our children's lives, and our futures rest on whether a judge "likes" one party or the other is one of the worst parts.
Given her situation, your gf would be well advised to find a settlement she can live with; leaving it up to the judge, in this case, would be a poor decision.
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Be kind, for everyone you meet is fighting a hard battle. --Plato
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Relayer
Carpal \'Tunnel
Reged: 03/13/07
Posts: 9506
Loc: Moorglade Mover
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I have never been "sworn in".
Do you swear ta tell da trute, da hole trute, and nuttin but da trute? (Chicago talk)
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GO CUBBIES!!!!
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almostheaven
Carpal \'Tunnel
Reged: 07/13/04
Posts: 10468
Loc: West Virginia
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Kinda reminds me of "My Cousin Vinnie".
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Char Fox
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