Legal Question in Civil Rights Law in Oklahoma

My son went through a very bad divorce, that was a fight for custody of his 2 children. The first judge hearing the case was completely bias towards the mother, regardless of the evidence against her, which he refused to hear. He had a restraining order against her because she had broken into his home and assaulted him. She had a boyfriend living with her and while the restraining order was in place, chased him down the highway yelling at him (the children were in the automobile) he called 911 and the police pulled her over because of the restraining order (their were 2 other calls made to 911 due to her wreckless driving). When they pulled her and her boyfriend over, he was drunk and they had a loaded assault rifle in the car. They were arrested but for some reason the charges were dropped, we have never found out why. About 6 weeks after this incident, they went back to court for the divorce hearing, they had been through arbitration 2 times prior to this. When we entered the court room (before court was called to order and the respondient was even in the room) the judge entered and told my sons lawyer that he had volunteered to do a divorce arbitration between to lawyers in a town 50 miles away and he was going to have them do another arbitration. When I heard this, I told my son that we didn't want him to do the arbitration because of the previous outcomes and it was a waste of time. The judge heard what I said, and he told me to keep my mouth shut, I had no rights and if my son didn't do the arbitration, that he would give custody of the children to her, so my son agreed because he had no choice. The judge would not allow his attorney or anyone else in the arbitration. We sat outside the court room. After about 20 minutes the judge came out of the courtroom and told us that we were not to enter the courtroom unless we heard them throwing chairs and that my son was a liar and he was not cooperating with the arbitration. I asked the judge why he left them in there alone when he had a protection order against her and she had already tried to kill him twice, we didn't want them left alone. He said she is not a killer, if you want to see a killer, I'll take you down stairs and show you a killer and he went on down the hall. The judge came back about 15 or 20 minutes later and my son came out of the court room angry, looking for his lawyer and told him he did not want anything else to do with this judge. He said the judge had called him a liar, told him that he had no right to call the police on her and he would not listen to anything the police officer that was their to testify had to say, because my son had no right to call them in the first place. This divorce ended up taking 2 years to finalize because of the things this judge did. My son contacted the District Attorney to find out what could be done about him and they told him nothing, we did send a letter to the judicial board at the time, but have never heard anything from them.

What can we do about this?


Asked on 10/02/09, 1:02 pm

1 Answer from Attorneys

Your only option may be to file a writ if judicial prejudice or bias exists. Your attorney can provide more information regarding this legal action or procedure. This action is most important if physical harm or danger exists and supporting evidence was intentionally disregarded or overlooked in favor of a litigant. I hope this helps.

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Answered on 10/07/09, 2:49 pm


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