Tag Archives: judge

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

Divorce, Opinion

Know What is Going on in Your Case!

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There have been countless times that I have spoken to a potential client (PC, not to be confused with a personal computer), that has been represented by another attorney, and the PC does not know what is happening in their own case.  This is unbelievable to me.  They do not know what was filed, they do not know if it has been set for trial, they do not know who the judge is.

A Family Law case is just about the most difficult thing that you do as an adult, short of a death of a close family member.  And in some instances Divorce can be worse because it’s the “death” of a marriage and you still have to co-exist with the other party.  At least if they were dead you wouldn’t have to deal with them.  Glib humor aside, Family Law is hard.

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As a client you should know what has been filed; a Joint Complaint or a Fault based Complaint, you should know if you have Court coming up, and you should know who the Judge is.  Now, if you were told all of this and chose not to place this info into your permanent memory banks because you have confidence in your attorney and your goal is to get through today, that is ok.  But, if you don’t know the details because it has not been explained to you, it is time for a sit down and a heart to heart, seeing eye to eye with your attorney. (BTW, all attorneys have been guilty of this a time or two…)  Don’t be afraid to ask  who, what, when, where and why?  Their job is to answer those questions.

Now in defense of attorneys, sometimes we do explain things and they are misunderstood or are somewhat complex and a short explanation has to do for the meantime.  Persons going through Family Law situations can be highly emotional and sometimes it’s information overload.  In that circumstance you may choose NOT to explain everything or  ask that a family member or trusted friend attend with the client for an in-person meeting.   Sometimes the attorney is speaking pig-latin, a bad habit.

As a client, ask what is going on. Know what is going on.  It is the rest of your life.  (It may just be another case for the attorney.)