Hinds Chancery Judge Race

03/05/2018 BowTieLawyer 1 Comment

Hinds County has four full-time Family Law Judges. The qualifying deadline is May for those persons seeking to become the next Chancellor. Qualifiers, so far, include;

Dewayne Thomas Chancery Court Judge 5 Sub 5-1

Judge Thomas is a shoe-in to win. Not only because he is unopposed currently, though that helps, but also because he has a reputation for fair rulings, a good judicial temperament and willingness to listen.

Subdistrict 2 is the race to watch right now.(primarily because it is the only contested race).

Patricia Wise Chancery Court Judge 5 Sub 5-2

Judge Wise is the incumbent. She has served as a Chancellor since being elected in 1989. Judge Wise has reputation for being tough and insisting that attorneys and litigants respect the Court and follow the required procedures. The rumor was Judge Wise considered retirement, but she has qualified and is seeking another four years.

Reginald Harrion Chancery Court Judge 5 Sub 5-2

Reginald Harrion is challenging Judge Wise for the District 2 seat. Harrion, an associate with Schwartz & Associates, P.A., is admitted to practice in Mississippi, Arizona and Georgia. He has been practicing for nearly 20 years.

Denise Owens Chancery Court Judge 5 Sub 5-3

Judge Owens is the Senior Chancellor, meaning she has been the longest-serving Chancellor of the current Judges. Rumors swirled about Judge Owens possibly retiring as well. However, Judge Owens qualified to run again. Judge Owens has a good reputation and is known for thoughtful, fair rulings.

Steven P. Nixon Chancery Court Judge 5 Sub 5-4

Subdistrict 4 will be lead by a new Chancellor in 2019, with the retirement of Judge Singletary. So far, only one candidate has qualified for this seat, Steven Nixon. Nixon has been in private practice since 2004 and has also served as Municipal Court Judge in Clinton. Nixon has a good reputation as an attorney and will make a good jurist.

The rumor-mill has at least another attorney qualifying for this seat, but has not as of the time of this posting.

Matthew Thompson is a Family Law Attorney in Mississippi and limits his practice to almost exclusively Chancery Court in the State.

Child Custody, Child Support, Divorce, General Legal, Opinion, Property Division, Visitation

When an “Agreement” is Not an Agreement.

02/21/2018 BowTieLawyer Leave a comment

Let’s agree to disagree.

Parties in a lawsuit have a lot of latitude to agree to settlement terms. This is certainly true in divorce. Virtually everything is negotiable and if an agreement can be reached, usually it will be approved by the Court.

However, to be an enforceable agreement it must be approved by the Court. Until such time as your agreement is reduced to writing, signed and approved by the Court, it is on iffy ground as to enforceability issues. While some issues may be contracted without Court approval in a family law case, such as property division and alimony, some issues can not be enforced absent Court approval, such as child custody related terms.

Likewise, “changing” your Court papers without Court approval is dicey. Swapping out a holiday here or a week there is not usually a big deal, but changing payment terms, amounts, or duration can lead to serious consequences if done without Court approval. Child support vests as it comes due and absent exigent circumstances cannot be forgiven.

An agreement to agree is no agreement at all.

Matthew Thompson is a Divorce Attorney and reminds you to have your Agreement approved by the Court in an Order.

Child Custody, Child Support, Divorce, Visitation

14th District Chancery Race is On! Starkville, Columbus, Houston, Okolona and more…

02/15/2018 BowTieLawyer Leave a comment

The State of Mississippi is divided into twenty Chancery Court districts. The Fourteenth Chancery Court District includes Chickasaw, Clay, Lowndes, Noxubee, Oktibbeha and Webster Counties.

There are three chancellors for the 14th district and all of them are retiring. Today’s post is about the Honorable Kenneth Burns‘ position. Judge Burns, first elected in 2003, has set a high standard for the future Judge to follow in his robe, er…footsteps.

So far, five candidates have qualified, guaranteeing a runoff.

Elizabeth Fox Ausbern

This candidate has been practicing law since 1993, the majority of which has been devoted to the area of chancery law. Her office is in Houston, MS.

“In my personal life, I have been faced with divorce and now the death of someone I love dearly. I know my personal experiences will equip me to empathize with those individuals before the court.“

The voting area will encompass Chickasaw and Webster counties and the precincts of South Adaton, South Longview, South Starkville, West Starkville, Sturgis/North Bradley, Self Creek:Double Springs, Center Gove/ North and Craig Springs/ South of Oktibbeha County.

Gene Barton

Barton, practicing for over 40 years, is from Okolona, MS. He has a general practice and approximately half of which is family law related.

Todd Bennett

Practicing since 2007, Bennett handles domestic and real estate cases in Houston, MS and the surrounding area. These are matters heard in Chancery Court.

“On January 5th, I qualified with the MS Secretary of State’s office to be a candidate for Chancery Judge 14th District, Place 1… Since my practice started in 2007, I have almost exclusively practiced in the areas covered by the Chancery Court… I only ask three things of those who read this. First, pray for me as I embark on this new adventure, no matter the results. Second, please share this post with your family and friends, especially those that will vote for Place 1. Third, please consider voting on November 6th for me to be your next Chancery Judge 14th District, Place 1.“

Rodney Faver

“Faver is a partner in the law firm of Ward, Rogers & Faver, PLLC located in… Starkville, Mississippi. His firm provides a broad range of services to clients… with a special emphasis in Litigation, Criminal Defense, Personal Injury and Divorce cases.

Rodney P. Faver has over 27 years of trial experience in both Mississippi and Florida. Mr. Faver has dedicated his diverse legal career to the pursuit of justice for the people he represents, and is dedicated to the highest standards of excellence and integrity.“

Lee Ann Turner

“Turner devotes most of her practice to family law and other chancery court matters at The Winfield Law Firm, P.A., in Starkville, MS. Since 2009 she has been appointed as a Special Master for commitments and Youth Court Referee for Oktibbeha County, served on dozens of cases as a Guardian Ad Litem to protect children’s interests in Chancery Court matters, is the Starkville School District’s Student Disciplinary Hearing Officer, and serves on the Board of Directors for Safe Haven, a domestic violence shelter located in Columbus. Lee Ann is frequently asked to speak at continuing legal education seminars (CLE’s) and most recently gave a presentation on ethics at the Mississippi Judicial College’s Youth Court Judges’ Fall 2017 training seminar. Lee Ann was also selected as one of Mississippi’s 50 Leading Business Women for the class of 2009 by the Mississippi Business Journal.“

J.D. in 1996 from the University of Alabama School of Law, Editor-in-Chief of the Law and Psychology Review, a member of the Bench and Bar Legal Honor Society, Phi Delta Phi, and Managing Editor of the Law School newspaper.

“Before entering private practice in 2003, Lee Ann spent nearly 6 years as the Staff Attorney for the 14^th District Chancery Court of the State of Mississippi, working for Chancellors Dorothy W. Colom, Kenneth M. Burns, Robert L. Lancaster, James S. Gore, and Woodrow W. Brand.“

The Candidate bios are piecemealed together by me. Information regarding the candidates was not always easily ascertainable. I provided links to their FaceBook pages, personal firm pages or the source of the information quoted above.

Matthew Thompson is a Chancery Court practitioner and will continue to update the Chancery judge races throughout this campaign season.

Divorce

Happy Valentine’s Day

Image 02/14/2018 BowTieLawyer Leave a comment

From your Supreme Court, past and present.

Child Custody, Child Support, Divorce, Visitation

Do NOT Refuse Extra Time with your Child.

02/13/2018 BowTieLawyer Leave a comment

Do NOT refuse extra time with your child.

Both parents say they want physical custody. Both parents say they are the superior parent as compared to the other. One parent is awarded physical custody by the Court. The other parent then refuses EXTRA time, because it would “help” the other parent.

You are wrong. It helps your child. It gives you more opportunity to parent and be with your child. It improves your relationship, creates memories and helps you in the process.

Refusing EXTRA time is petty and can result in resentment between the parents and it makes no sense.

Matthew Thompson is a Child Custody Attorney and reminds parents to always take the extra time.

Divorce, General Legal, Opinion

Deadlines matter.

02/01/2018 BowTieLawyer Leave a comment

In life, there are deadlines.

1. the latest time or date by which something should be completed.

“the deadline for submissions is February 5th”

historical

2. a line drawn around a prison beyond which prisoners were liable to be shot.

Deadlines induce stress, anxiety and even panic. Deadlines, or rather, meeting deadlines is critical to be successful in life. Projects, bills and responses have deadlines. Sometimes there may be false deadlines, sometimes deadlines may have dire consequences. Knowing the difference is key.

In law school I took Counseling & Negotiation. It was an upper level class taught by an Adjunct Professor, X.M. “Mike” Frascogna. About half way through the semester he made an offer, any student would be guaranteed a “C” if they attended the remaining classes. They did not have to take the final. I recall a student took that offer. I did not consider it.

The final required us to negotiate with the professor for our final grade. There was no set exam. Their were wild stories of students doing wild stunts to get an A. However, one of the lessons that stuck with me was either not allowing the other side to know your deadline or setting a deadline that you know would put pressure on the other side. He told the story of an international negotiation where one person let the other side know he was flying out in 4 days. They wined and dined him, showed him the sights and otherwise occupied his time for 3 1/2 days. On the last day, the traveler agreed to a worse deal because it had to be finalized that day.

Deadlines matter.

Matthew Thompson is a Family Law Attorney in Mississippi and negotiated his way to an A in Counseling & Negotiation.

Divorce, Opinion

Good Faith; How to Act in a Family Law Case

01/29/2018 BowTieLawyer Leave a comment

Divorce can bring out the worst in people.

It can be hard to navigate, emotionally difficult and painfully slow. But, there is one primary thing you can do to persevere. Do the right thing. Every time. In Family Law we are often faced with conundrums on which way to go. Always choose the high road. Take the path that is in the best interests of your child. Do what is right.

Taking the low road may seem fun. The other side may deserve it, but in the long run the low road just brings you down to their level. Don’t forget that your case results in you literally being judged for your actions. Another person sits in Judgment of what you did, said and how you acted when under the microscope.

Matthew Thompson is a divorce attorney and advises his clients to do the right thing every time.

Divorce, General Legal

Can I Change the Locks?

01/23/2018 BowTieLawyer Leave a comment

Can I change the locks on the marital home?

Yes. You can change the locks if it is your house, condo, apartment, or camping trailer. This includes;

purchasing the home
leasing (applicable for divorce purposes ONLY, your lease may say otherwise)
renting
- Assuming there is not a Court/Temporary Order preventing you from accessing your home.

Can he/she change the locks without telling me?

Yes, however you/he/she can let yourself in if it’s your residence and there is no Court Order preventing you from accessing your home. If you are purchasing the home, or leasing or renting the abode, apartment, condo or camping trailer you can let yourself in.

Matthew Thompson is a divorce attorney in Mississippi and reminds you to also change the garage entry door and reprogram the garage door openers.