Is there such a thing as a wrong judge?
“There is no such thing as the judge being wrong.” This proclamation was uttered to me by—you guessed it—a judge. It’s a judge’s job to be right, and ultimately they wear the robes, not you. However, every litigator will eventually encounter a jurist who is undeniably flat-out wrong on an issue.
What happens if a judge refuses to hear a motion?
If the Motions do not meet procedural requirements, then the clerk may refuse to file them or the Judge may refuse to hear them. What is a Motion? Motions are written requests by a party to a lawsuit asking a Judge to make a specified ruling or Order related to an issue.
Can a court refuse to follow its own decisions?
Of course, a court can refuse to follow its own decisions when it thinks they no longer make sense. But that happens rarely, which is why the right to abortion, for example, still exists despite the misgivings of so many U.S. Supreme Court justices.
Why did judge Kline refuse to follow the law?
Kline thought the ruling so offensive that he refused to follow it when a similar case came before him last year. The high court ruling “undermines the integrity of the judicial branch of state government,” he wrote in response to the commission’s charges, “because it converts the judgment of a court into a commodity that can be bought and sold.”
Can a judge’s misapplication of the law be remedied?
Unfortunately, there are times when a judge’s misunderstanding or misapplication of the law is material but the issue cannot be remedied via a later appeal. In these circumstances, the rules provide for an interlocutory appeal.
What to do if you question a ruling in court?
If you question a ruling against you within court, you may ask the court’s permission to brief any issue before a ruling is handed down. It’s your job to represent your client accurately; don’t be shy about due diligence on a sticky point.