One for the record books..????

[nydeemarie]

I have a judge in my divorce that recused.. but then came back... on his own without waiver or agreement..

My sheister would do nothing and told me it was allowed.

I have since dismissed my sheister, and come to find he was wrong... (to say poor advice of counsel would be an understatement)...

the judge is outside of his authority.. Not only that.. but any order he signed is void.. am I correct?

What does one do? File a motion to rerecuse? wouldn't that be redundant? any ideas????

[DAYWALKER]

Originally Posted by nydeemarie

I have a judge in my divorce that recused.. but then came back... on his own without waiver or agreement..

My sheister would do nothing and told me it was allowed.

I have since dismissed my sheister, and come to find he was wrong... (to say poor advice of counsel would be an understatement)...

the judge is outside of his authority.. Not only that.. but any order he signed is void.. am I correct?
What does one do? File a motion to rerecuse? wouldn't that be redundant? any ideas????

This is my first time posting, so hope I'm not out of line here.

I would think that the order would be no good if the judge had no authority to make the order in the first place. If you already have an order, try to have it thrown out.

"VOID JUDGEMENT".

[charlesa6]

DAYWALKER, welcome to the suijuris forum.

[DAYWALKER]

Thank you Charles.

Nydeemarie:

This case may interest you: Federal judges can set aside or overturn state courts to preserve constitutional rights. MITCHUM V. FOSTER, 407 US 225 (1972) Title 28 US Code sec. 2284

[nydeemarie]

Thanks Daywalker.. I'm not sure that I'm ready for federal yet... but good to know..

I did send a letter to the Office of Court Administration..(they admonished him and caused his recusal) ... now I see there is a seperate Commission on Judicial Conduct within the states..

http://www.judicial-complaint.com/ju...aint/judge.htm

Might be worth a formal complaint...

[DAYWALKER]

Originally Posted by nydeemarie

Thanks Daywalker.. I'm not sure that I'm ready for federal yet... but good to know..

I did send a letter to the Office of Court Administration..(they admonished him and caused his recusal) ... now I see there is a seperate Commission on Judicial Conduct within the states..

http://www.judicial-complaint.com/ju...aint/judge.htm

Might be worth a formal complaint...

Not to cause waves, but who is on this Commission? I would assume other judges. It would probably be equal to making a complaint to the state bar against a lawyer.

I can not see any commission getting involved in a "family law" judges case, just as the Supreme Courts stay out of it. This is where I think one should look into a Federal case.

IF you do make your complaint, please try to post the response, I think that would be very, very interesting.

[ZOBOLI]

Hopefully nydeemarie, you won't need to exaust all your remedies before finding out to TRY to work it out amongst yourselves (husband & wife), lest they take all you all for a BAR RIDE.

[DAYWALKER]

Originally Posted by ZOBOLI

Hopefully nydeemarie, you won't need to exaust all your remedies before finding out to TRY to work it out amongst yourselves (husband & wife), lest they take all you all for a BAR RIDE.

LMAO, Simple, direct answer there! And, probably the best advice you could get.

[nydeemarie]

Unfortunately working it out with spouse hasn't been an option... and for reasons other than the divorce...

What I can't understand is how they could threaten you with receivership when there is no missed mortgage payments and no pending default..

There is no settlement.... to force the sale.. as the judge who had signed off on it already recused and didn't have authority..

Ride is an understatement... the whole thing is crazy..

The order should be void on it's face...

[charlesa6]

I agree with DAYWALKER. You have to look into void judgment.