Legal Question in Family Law in New York

Judicial misconduct

What can be done if the judge during an matrimonial action does not secure from the plaintiff filed copy of the proposed disposition, request for judicial intervention,proof of filing a note of issue, marked pleadings, pre-trial memoranda, and a child support worksheet? Yet the trial went on with both the counsel for the defendant and the judge overlooking this issues? Where can a body go for help?


Asked on 4/02/02, 4:51 pm

1 Answer from Attorneys
Amy L. Finch, 845-362-0387 Amy L. Finch, Attorney and Counselor at Law

Re: Judicial misconduct

Judges have absolute immunity from suit for their activities on the bench. You can make a complaint to the Judicial Conduct board, but that won't change anything that has happened in your case.

If your attorney allowed it to go to trial without discovery, etc., I would suggest you consult an attorney who handles legal malpractice.

I would also suggest you consult an attorney who handles matrimonial appeals.

I do not have enough information to tell you if you have grounds for appeal, or a suit against your attorney, but if you consult the professionals as I have suggested, they will be able to tell you.

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Answered on 4/04/02, 8:44 am


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