Legal Question in Family Law in Minnesota

Conduct of Judges

I was served with legal papers for a court hearing 14 days prior to the hearing. The papers were served timely on a Friday afternoon. However, I needed to retain Counsel, draft papers, and have them served by the following Tuesday in order the papers to be served and filed 10 days prior to the hearing. The Judge's clerk and opposing counsel would not grant 4 different attorneys a continuance to prepare for this case which dates back to 1998. The Judge took no acceptance to this situation, made a ruling that drastically impacted my life and that of my two daughters, but offerred for a different hearing to be held two months later. Is this typical of Judges and if not, what should be done? Should I file a complaint wit the Judicial Board? The Judge also stated on the record that the case was ''silly'' even though a Licensed Psychologist was recommending supervised visitation and I have a restraining order against my ex-husband for harassment. The Judge stated that my restraining order was done ''without thinking'' despite the history of police reports and domestic abuse confirmed in the file. Shouldn't this Judge recuse himself or should Motion papers be filed to have his order vacated and have a new judge assigned?


Asked on 9/27/02, 2:42 pm

1 Answer from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Conduct of Judges

The circumstances that yuou describe are very odd. Without knowing more about the case, it is impossible for me to advise you what motion to file.

However, if an order has already been entered in the first matter, you should remember that you have only 60 days to appeal that ruling. You should speak with a lawyer immediately

Visit us online at http://www.divorceprofessionals.com

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Answered on 9/27/02, 2:52 pm


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