How It All Started

Standing with my client at counsel’s table, the judge begins announcing her ruling. “I find the valuation proposed by Husband’s qualified expert is not accurate and the personal opinion Wife placed on the asset more accurate. Based on this finding, the Court places a value of $195,000 on the asset and rejects the value of $79,500 reasoned by Husband’s expert.”

“I’m sorry your honor,” I begin, “What are basing this finding on? Are opining our expert not credible?”

“No, your expert was credible enough” replied the judge. “But, I don’t think an asset like a boat depreciates as quickly as proposed.”

“Your honor, that is why we have experts testifying at trial and in open court. If the other side does not agree with our expert’s testimony, she can obtain her own expert to testify and give reason why the asset has more value. But the Court can’t simply insert her own ideas or beliefs into the facts of a case. You can’t know how the market affects the value of this assets or even what the current market is right now.”

“That is my decision, counsel! If you don’t like it, take me up,” said Judge Richie knowing full-well that the value argued isn’t worth the expense of an appeal. This was not the first time a judge responded to me in this way and once I did just that. I filed an appeal for to right a judge’s refusal to or inability to follow the letter of the law. The appeal took nearly three years of my life, thousands of dollars and in the end cost nearly as much as the amount at issue. Judges know these facts and realize they are above the law. In the end, I won the appeal, was published in California’s Appellate Reporter for the Third District and made my client happy—until she received my bill.

Unfortunately, family law judges have become increasingly more incompetent over the years as the California Judicial Counsel and governor appear more interested in rewarding political supporters than nominating jurist whom will fairly adjudicate cases. In most cases, family law is the ugly step-sister of the judicial system despite clear evidence that many people will come in contract with our court system through family law issues. As a family law practitioner, an incompetent judge makes my job that much hard in an area that is difficult at best.

I’ve had enough of incompetent judges. I don’t know if the incompetence comes from their ignorance of the law, disgust of dealing with family matters or purely laziness, and I don’t care. It is unfair to the families affected by these courts. The bad decisions will have lasting effects as the bitterness spurn thereby will drive deeper wedges between the parties that can only further harm the children of the marriage. I can no more watch this continue than to kick my dog when he excitedly approaches me for the evening head pat. I’m out!