Tag Archives: judge

This race was interesting as the incumbent, Shoemake, ran and won against Buffington in the last election – who was the Judge prior to Shoemake. Buffington sought to be re-hired, Shoemake held the seat.

David Shoemake (I) 12,103 55%
J. Larry Buffington 9,779 45%

Chancery Court, District 13, Place 2 (Covington, Jefferson Davis, Lawrence, Simpson & Smith)

Heading for a run-off between Martin and Burnham. This seat was vacated by Joe Dale Walker for Judicial misconduct.

Deborah Kennedy 5,376 26%
Gerald M. Martin 8,503 41%
Mary K. Burnham 6,645 32%

Chancery Court, District 16, Place 1 (The Coast)

Too close to call and are still counting affidavit ballots.

D. Neil Harris 17,222 50%
Paula S. Yancey 17,186 50%

Chancery Court, District 16, Place 3 (The Coast)

Fondren will be a new Chancery Judge and this race was interesting as the outgoing Judge, Chuck Bordis, withdrew from the race. There was gossip of soap opera issues between Bordis and Fondren. Interestingly, its exactly the type of matters Chancery Judge’s hear. Nothing better than real-life experience for preparation for the job.

Gary L. Roberts 13,714 41%
Michael L. Fondren 19,466 59%

Chancery Court, District 18, Place 1 (Benton, Calhoun, Lafayette, Marshall & Tippah)

Carnelia Pettis Fondren 4,920 23.6%
Glenn Alderson (I) 12,434 59.7%
Tina Duggard Scott 3,476 16.7%

Chancery Court, District 18, Place 2 (Benton, Calhoun, Lafayette, Marshall & Tippah)

Helen Kennedy Robinson 8,535 42.9%
Robert Q. Whitwell (I) 11,358 57.1%

Matthew Thompson is a Chancery Court Attorney in Mississippi and will continue to update the Family Law Judicial elections that effect you.

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

divorce, General Legal

Getting STUNG in Court!

11/03/2014 BowTieLawyer Leave a comment

Seldom in Court does everything go in one party’s favor, but there are times where the party-in-the-wrong get’s STUNG by the Court.

How do you know if you got Stung in Court? Oh, you know.

You may have been dressed down by the Judge.
He may have stated that your conduct was petty or silly.
A finding that your lawsuit was frivolous.
Perhaps your claim was dismissed in its entirety.
When the other side is preparing the Order and it was not an “Agreed” judgment, that too can be a sign of a win or loss.
If you were held in contempt.

But there is also another sign of getting Stung. Are you paying your opponent’s attorneys fees?

If you’re paying the other party’s Attorneys Fees, you got Stung!

Matthew Thompson is a Divorce Attorney in Mississippi and warns clients to not get Stung!

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

black bow

Crime, divorce, General Legal

Update: Mississippi Judge Pleads GUILTY

10/09/2014 BowTieLawyer 3 Comments

As an update from a prior blog, former Mississippi Chancery Judge Joe Dale Walker, has pleaded guilty to Federal charges.

http://davidgaleuk.files.wordpress.com/2012/11/judge-in-jail.jpg

Walker, formerly of the 13th Chancery Court district which includes; Covington, Jefferson Davis, Lawrence, Simpson and Smith counties, was on suspension by the Mississippi Supreme Court for his on-the-bench conduct. He pleaded guilty this week to federal charges that included that he instructed a federal grand jury witness to destroy documents and then lied to FBI agents about it.

According to the FBI, Walker directed an attorney (the witness) he had appointed for a Conservatorship to solicit bids for the construction of a home for the ward. Of the bids obtained, one was from the Judge’s nephew. The Judge reviewed the bids in his office and instructed his nephew to increase his bid. Walker then transferred the case to the other Judge in the district for the limited purpose of accepting and approving the bid because of his nephew’s involvement. After the contract was awarded to Walker’s nephew, the case was transferred back to Walker by the second Judge.

Walker, knowing that a Grand Jury subpoena was outstanding for information concerning the bidding process, spoke with the witness about instructing his nephew to increase his bid and the original bid and any existing copies.

When interviewed by the FBI, Walker denied talking with the witness about his nephew’s bids and denied telling the witness that the original low bid needed to be “somewhere else.”

U.S. District Judge David C. Bramlette III will sentence Walker Jan. 8. He faces up to 20 years in prison and a $250,000 fine.

The Judge’s suspension, resignation, and guilty plea were a result of the joint efforts of the Mississippi Judicial Performance Committee and the FBI- Public Corruption Unit.

Matthew Thompson is a Family Law Attorney in Mississippi and warns you to NOT lie to the FBI!

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

divorce, General Legal, Modifications, Opinion

Lie Detectors! How Judges Know When YOU are Lying…

09/30/2014 BowTieLawyer 1 Comment

The legal system relies on those persons within it to tell the truth. All parties, the lawyers and judges are expected to be honest at all times!

When testifying a witnesses takes an oath. This oath includes that they “swear or affirm the testimony you are about to give is the truth, the whole truth and nothing but the truth, so help you God.”

However, this oath is sometimes nothing more than mere words to the witness. Here’s the scenario: A witness is testifying about their actions. On the day in question there are photographs showing him, in his truck, parking his truck and exiting his truck, placing him where he says he was not.

Q: Whose truck is this?(shown a photo of his truck)

A: I can’t tell from the picture.

Q: Whose tag is this?(shown a photo of the tag)

A: Oh, that’s my wife’s truck.

Q: Who drives that truck?

A: We both do.

Q: Who was driving it that day?

A: I don’t know what day…

Q: Look at the date stamp on the picture.

A: Oh…that day, that was me.

Q: It’s true isn’t it that you parked your truck in front of your exes driveway?

A: You can’t tell from the picture whether I am parked or whether this is just a still shot of me driving by.

Q: This next photograph is of your truck with the driver’s door open and you getting out, correct?

A: Yes.

Q: Who is that in that green t-shirt?

A: I can’t tell from the picture who that is. (It’s him!)

Judges apply the smell test to determine your veracity, your truthfulness. This fellow’s testimony did NOT pass the smell test. He knew he was NOT telling the whole truth. He lost his credibility on something seemingly trivial. Judges listen intently and judge you. That is their job. If you lie about little things or are “cute” with your answers then they may assume you’ll lie about big things.

Matthew Thompson is a Divorce Lawyer in Mississippi and recommends you tell the truth and nothing but the truth…but only answer what is asked.

Follow the blog: BowTieLawyer Visit the website: Thompson Law Firm

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

Child Custody, divorce, General Legal, Modifications, Visitation

Child Testimony in Court

07/22/2014 BowTieLawyer 5 Comments

Whether a child should testify is a struggle in every instance when it arises. I have previously blogged on the law, the Jethrow standard that the Court applies in determining the process of a child testifying. (Click here). Today’s is a practical view on how the Court conducts children testifying in a Civil case.

So, how does child testimony work? Ultimately, it depends on the Judge. I have seen the following;

1) The Judge clears the Courtroom of all persons except the Judge, the Court Reporter and the child.

Here the Judge does the questioning. The Judge is trying to determine the child’s truthfulness, their intellectual capacity for the retaining and reporting the information sought and whether is admissible and relevant. This process takes as long as the court deems necessary. I have stood in the hall for an hour while the Court conducts the interview. Upon the Court concluding, the parties and lawyers are brought back in and the Judge summarizes the child’s testimony. There may or may not be an opportunity for questioning.

2) The Judge takes the child and the Court reporter to his/her chambers (office).

Again the Judge does the questioning, but it is in a less intimidating setting. The judge’s office is usually much more “familiar” and personalized than the Courtroom. Judge’s do this to put the child more at ease. The relative same process of above is used, just in a different location.

3) The Judge, the lawyers, the child and Court Reporter go into the Judge’s chambers.

Here the Judge let’s the lawyers do the questioning. Now, the Judge is making sure that the lawyers maintain a respectful and appropriate tone and the child is not subject to interrogation or cross-examination in the true sense of the word, but the child is responding directly to the lawyers. The Judge determines what is relevant and admissible in all instances.

And finally,

4) The child takes the witness stand and is questioned by each lawyer and possibly the Judge, in the presence of the parents. For a very young child this procedure will not be used. For an older child, say 14 and up, this is more common.

Ultimately, the age of the child, the issues at hand and the wishes of the parent’s are the deciding factors in how the child testimony is handled. The famous quote from the Jethrow case is;

“We reiterate that parents in a divorce proceeding should if at all possible refrain from calling any of the children of their marriage, of tender years at least, as witnesses, and counsel should advise their clients against doing so except in the most exigent cases. The reason and wisdom behind this precaution need no amplification. We also hold, however, as we must that no parent can be precluded from having a child of the marriage in a divorce proceeding testify simply because of that fact.” Jethrow v. Jethrow, 571 So.2d 270, 274 (Miss. 1990).

Matthew Thompson is a Child Custody Litigation Attorney in Mississippi.

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

Child Custody, divorce, General Legal, Marriage, Opinion

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

07/11/2014 BowTieLawyer 1 Comment

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.

07/09/2014 BowTieLawyer 1 Comment

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?

Barbara Ann Bluntson

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.

Robert Clark, III

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

divorce, General Legal

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

07/01/2014 BowTieLawyer 1 Comment

“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