Tag Archives: judge

Child Custody, Divorce, General Legal, Marriage, Opinion

Judge Candidate Pledges to Donate to Charities, Matching Monies Spent by Opponent

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Here’s a fresh take on Judicial campaigning.

Joseph A. Scalia Candidate for Family Court Judge – Department B

A candidate for Nevada Family Court Judge, attorney Joseph Scalia, has announced a dramatically different approach to running his campaign for Judge.  Instead of the usual fund-raising and spending, Scalia has pledged to match, dollar for dollar, all monies spent by  his opponent on campaigning with matching donations to local, non-profit charities in the Las Vegas, Nevada area.

Citing  an example of unnecessary spending, Scalia noted that his opponent spent $100,000.00 in the primary and garnered 19,000 votes.  Scalia spent a reported $0.00, that’s zero!, and garnered over 16,000 votes.  No candidate received a majority so there will be a run-off.

So, political advisers, campaign strategist and consultants take heed,  Joe Scalia is throwing judicial and political campaigning on its ear.

Read about Mississippi Judicial Races and Matters here; Chancery Race 11th District, Picking Your Judge.

Matthew Thompson is a Family Law Attorney in Mississippi and thinks Joe Scalia is on to something…

Follow the blog:#BowTieLawyer Visit the website: #Thompson Law Firm  You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

 

 

Child Custody, Child Support, Divorce, General Legal, Grandparent Visitation, Irreconcilable differences, Marriage, Modifications, Opinion

Chancery Judge Campaign in Full Swing.

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Madison, Yazoo, Leake and Holmes Counties will be getting a new Chancery Judge in the November 4, 2014, election.

A Chancery Judge hears matters involving wills and estates, child support and custody of minor children, divorces and alimony, and lunacy or commitment hearings.  The Judges also handle other matters, such as petitions to incorporate or enlarge a city, the establishment and management of drainage districts, children’s welfare funds, and other projects.

Why should you care?  Because this will be your judge if you find yourself in Court and it’s not due to a criminal case, a car wreck or an unpaid bill.

Who are the Candidates?

Bluntson has practiced law in Mississippi for the past 20 years.  She began her legal career in 1994 as a staff attorney for Mississippi Child Support.  Thereafter, she opened her private law firm where she handled divorces, child support, child custody and wills & estates cases.  A few years after the death of her husband, Barbara Ann was hired by the City of Jackson as the Chief City Prosecutor.  She maintained that position for 10 years.  As city prosecutor, Barbara Ann and her staff prosecuted in excess of 8,000 misdemeanor cases per year.  She also assisted domestic violence victims with Petitions for Protective Orders when they were filed in municipal court.  Barbara Ann currently serves as Deputy City Attorney for the City of Jackson and City Prosecutor for the City of Durant.  She is also a certified Family Law Mediator.

Clark is running for Chancery Judge because he believes the citizens of the 11th Chancery District would benefit from his experience, skills and proven record of serving the public in the district; as an Attorney, Municipal Judge and Youth Court Judge.  He has represented the citizens of the district in Chancery Court handling all types of cases. He touts that he is the only candidate that was born, raised and practiced law in District 11, Sub-district 1.  If elected Judge he promises to work daily to be fair and impartial judge who demonstrates sound judgement and run an efficient court.

Each name above is clickable, directing you to their election site as well as their FaceBook page.  Do your research, pick a candidate and vote!

Matthew Thompson is a Child Custody and Family Law Attorney and handles cases in Chancery Courts throughout Mississippi.

Follow the blog:#BowTieLawyer Visit the website: #Thompson Law Firm  You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

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Divorce, General Legal

We’ll See What the Judge has to say About That…

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“We’ll just let the Judge decide…”

The Judge.  The (near) Final Ruler on all legal disputes that cannot be resolved otherwise.  There is likely not a more misunderstood and much maligned position. Judges are expected to know-it-all and get it right every time, all the while without acting like a know-it-all. Judges have multiple roles in hearings and trials. Judges have these tasks, among others;

  • Determines whether the correct legal procedures were followed.
  • Determines to some extent the procedures for conducting the Court Room.
  • Determines the witness’ credibility- whether they are truthful or not.
  • Determines the admissibility of evidence and the weight it should be given.
  • Whether an attorney’s stated objection to something being introduced or considered is legally proper.
  • Whether there is a reason to overrule said objection.
  • How a witness is treated by the opposing attorney.
  • How the attorneys treat one another.
  • Maintaining Order among the chaos that the stress, anxiety and emotion that Court brings out of people.

Judges have a large responsibility and the buck stops with them (…mostly, though Appellate relief may be possible).  Judges are also human (mostly, I think) and have to adjudge your case based on snap shots presented.  Your attorney and your side put a smiley face on your case and a frowny face on the other and the other side does the opposite.  The Judge, after a relatively short amount of time, will then make a decision that could very well impact you for the next 20 years or the rest of your life.

Judges try to get it right and are bound to base their rulings on the law as it currently reads applied to the admitted facts and evidence presented.  Their decision cannot be based on things not “of record,” meaning facts or evidence not introduced, nor can the Judge do what they or you think the law should be, but rather must apply the law as it is.

Matthew Thompson is a Domestic Relations Attorney in Mississippi and like the old saying goes,”A Good Lawyer knows the law, a Great Lawyer knows the Judge!”

Follow the blog:#BowTieLawyer Visit the website: #Thompson Law Firm  You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

 

Crime, Divorce, General Legal

Pleading the 5th in Divorce

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“I plead the 5th!”

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. –5th Amendment to the U.S. Constitution

In divorce cases pleading the 5th is not often invoked.  The reason is divorce cases are civil matters, by their nature.  Not civil in the sense that everyone is always nice, but civil as opposed to criminal.

When Can you Plead the 5th in a Divorce Matter?

When answering the question would involve you admitting to a crime.  Interestingly, adultery, or habitual fornication rather, is a crime in Mississippi. It is rarely prosecuted, but is a crime nonetheless.  Due to this you may invoke the 5th. However, you have not outsmarted the system.  Pleading the 5th in a civil matter creates a presumption that you did what was asked.  Or, at least the Chancellor can use it against you.

So, how does this play out? (envision a Courtroom)

Attorney:  Mr. Smith, it’s true isn’t is that you have committed adultery during your marriage to Mrs. Smith?

Mr. Smith:  I plead the 5th.

Attorney:  Let the record reflect that Mr. Smith has invoked his 5th amendment right against self-incrimination as it relates to a question about adultery and the Court may make an adverse inference against Mr. Smith for doing so.

Judge:  Duly noted.

Why do it then?  The witness does not have to disclose  the dirty details, name names, places, locations, or positions.

Pleading the 5th may not stop you from getting a divorce, but it may prevent bringing other persons down with you.

Matthew Thompson is a Divorce and Domestic Relations Attorney in the Magnolia State. Follow the blog:#BowTieLawyer 

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Child Custody, Child Support, Divorce, General Legal, Grandparent Visitation, Irreconcilable differences, Marriage, Modifications, Opinion, Property Division, Visitation

Judge’s Race Just Got Interesting- 11th District Chancery Election is Now Contested

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Previously we blogged about “We the People” getting to pick our Judges.  This year is an election year for most Judgeships in Mississippi and only a few were contested.

img_6390Now, the Sub District One Seat for Madison, Leake, Holmes and Yazoo counties is contested. (See the full candidate list here, current as of April 16, 2014.)  This Court hears matters involving wills and estates, support and custody of minor children, divorces and alimony, and lunacy or commitment hearings.  The Judges also handle other matters, such as petitions to incorporate or enlarge a city, the establishment and management of drainage districts, children’s welfare funds, and other projects.

Attorneys Robert Clark, III, of Lexington, and Barbara Ann Bluntson, of Ridgeland, have both qualified to run for the seat currently held by the retiring Judge Janace Harvey-Goree.  The prevailing candidate will serve as Chancellor over all matters filed in Chancery Court in Holmes and Yazoo Counties and approximately 1/4 of the matters filed in Madison County, if past practice holds true.

Attorney Clark has served as a Youth Court Judge and Municipal Court Judge in Lexington/Holmes County and private practitioner.

Attorney Bluntson has served as the City Prosecutor for Jackson, handling criminal matters, violation of city ordinances and matters pertaining to Domestic Violence.

The qualifying deadline is May 9, so stay tuned to see if any other hats are thrown in the ring.  The election will be November 4, 2014.

Matthew Thompson is a Family Law Attorney in Mississippi, practices frequently in the district at issue above, and is very interested in watching this election and learning more about each candidate. Stay tuned!

Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm  You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

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General Legal

You Can’t Pick Your Judge (…or Can You?) 2014 MS Judicial Elections

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Normally you do not get to pick your Judge.  In fact, “judge shopping” wherein a suit is filed, you see who it’s assigned to, then dismiss and refile hoping to get a different Judge is unethical and illegal.  However, November 4, 2014, is the date that you DO have a say in which Judge will hear your case.  This is election day for the Judges that are required to run for their positions.

Most Judges in Mississippi take the bench via  election.  Judges run in a non-partisan capacity, meaning they are not required to pick a political party, though they can be endorsed by parties, individuals and entities.  Judge qualifications differ depending on the seat sought, with age, residency requirements and most positions requiring a law degree and practice experience, but not all.

May 9, is the qualifying deadline for non-partisan Judicial elections.  Registration is with the Secretary of State’s Office and a recent list of the those that have qualified thus far has been released.

Most Judges are running unopposed, at least for now, but a few races will be interesting.

  • On the Coast, Chancellor Neil Harris, who’s been in the news, has an opponent in local Jackson County Board Attorney, Paula Yancey.
  • The 13th Chancery District will have a contested election.  Current Chancellor, Joe Dale Walker has some controversy surrounding a recent ruling, as noted here, and faces at least 2 opponents if he chooses to seek re-election. Gerald Martin and Deborah Kennedy have both qualified to run for this seat.   The 13th District serves Covington, Jefferson Davis, Lawrence, Simpson and Smith counties.
  • Close to home, current Chancellor Janace Harvey-Goree has not yet qualified to run, though attorney Robert G. Clark, III, of Lexington, MS has.   Judge Goree sits over Holmes, Yazoo, Madison and Leake counties.
  • Also, as of current, no Chancellors in Rankin or Hinds counties have opponents.

2014 Candidate Qualifying List

Matthew Thompson is a Family Law Attorney, with a statewide practice, reminding you that your vote counts.

Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm  You may also contact Matthew with your family law case or question at (601) 850-8000 or Matthew@bowtielawyer.ms

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Child Custody, General Legal

You’re FIRED!

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In a follow-up to a blog this past September, a TN Judge has been removed from the bench due to her actions.

As you may recall the TN Judge changed the name of a child from Messiah to Martin over the objections of mom and dad, who were in a disagreement about the child’s last name, not his first name.  The Judge determined the child should not be named Messiah.

What the Judge failed to consider however is that parents have a constitutional right to raise their children as they see fit, a constitutional right to privacy and a presumption that they are acting in the child’s best interests; this includes naming the child.   TN could determine the last name, which could either be the same as the mother’s or the father’s, but crossed the line when changing the first name.

Now, the Judge has been removed for this among other unreported reasons.  The Judge still faces possible Judicial Conduct sanctions for her actions from the bench.  Mississippi would have reached the same outcome as well.

Matthew Thompson is a Child Custody attorney in the Magnolia State, does name changes and encourages you to know your rights as a parent.

Follow the blog: #BowTieLawyer Visit the website: #Thompson Law FirmYou may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms

 

Child Custody, Child Support, Divorce, General Legal, Opinion

Why Going to Court is “BEST.”

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This post is advice rarely given or taken.  I have previously blogged on Why Settling Your Case is BEST!.  Settlement is usually BEST, but sometimes Court is inevitable…

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Why going to Court is Best, or the BEST alternative;

  • It allows you to tell your side of the story.
  • Somethings you CANNOT compromise on.
  • The Judge may be in the best position to hold someone accountable, who needs to be!

Commonly, settlement is your best option. It gives you say in the final outcome, whereas letting a Judge decide your case can remove what say you may have.  Sometimes what you want and what a Judge can award are not congruent.  However, sometimes what the other side wants, a judge would not give them.  Going to Court can be therapeutic. Going to Court can also show that you are serious and won’t back down from a fight.  Going to Court can also backfire, cost more money and end in a result that is more difficult to live with.

Matthew Thompson is a family law attorney and goes to Court often, but usually when settlement has failed or stalled.

You may contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms