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The judge made a statement I felt was bias. Such as how do you know he wont molest your new friend again? Isnt this bias?

Spanaway, WA |

I was in court with my friend and her husband trying to get a restraining order removed. The pros atty kept bashing my friends husband with proofless statements. My friend asked the pros atty to stop and asked the judge to make the pros atty stop as she loved her husband a lot and wanted him home. The judge looked at her and said, if he molested your other friend how do you know he wont molest your new friend? My friend stood there and said, this is my life, I live it and the pros atty and you should have no say so. SO remove this restraining order or Im going to sue you for harassment. The judge looked at her and said, the pros atty is trying to protect you ..... and she sounded like a cackling hen cackling away. Eventually the order was removed. Was the Judge wrong in a bias statment?

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Attorney answers 3

Best Answer
Posted

I wasn't there, but based on the facts provided, this sounded tame compared to what I have seen other judges say in such cases.

This post is for information purposes only and does not constitute legal advice, nor does it establish an attorney client relationship with Mr. Cassara.

Asker

Posted

All Judges should get replaced with computers. Computers dont get emotional, or in most cases dont get paid a 1/4 million a year or the same in retirement. It would save our country a lot since these judges are just plane idiots sitting behind a desk thinking they are doing good. When in reality they are just saving face by agreeing with the prosecutor, or the atty gen or the buddy they just saw in thier office a few minutes before

Posted

No. The judge and the prosecutor are acting based on years of experience seeing cases like yours. They may not be right in your case but are trying to act in your best interest.

Avvo answers are not substitutes for the educated opinion of a lawyer who knows the facts of your particular case and should not be relied upon as such. My answer to you did not create an attorney-client relationship. James J Bagley Whaley, Bowie and Bagley LLC Providence, RI 401 454 7700 jbagley@wbblegal.com

Asker

Posted

each case is different. Such as mine. The judge dont know us at all. He wasnt charged with anything but it was hearsay. Where is it that the pros atty has to go against my personal interests, wants as well as what I want to do? This seems that the pros atty and judge were a team and did not want to help me resolve this issue. I needed him home and what they heard by who ever is not factual or any compliant was made. It seems they want to sit behind that counter and bash people they dont know and think they are helping a family. But in this case. We had a loud argument, a neighbor called, and said a bunch of bs and he was arrested and a restraining order put against him. He could not spend time with his kids and then he had to rent an apartment for himself so he could life life and go to work. They filed a complaint on him then dropped it to a misdemeanor something and he paid a fine. But the time away caused so much mental, emotional, financial harships that when he came back it took all of his checks to pay off the debt, and more. It seems the court gang is the ones who make the money while we all struggle. Im so sick of those high paid idiots who think they know best when they are in most cases stupider than the high school drop out who goes to work for who ever at 16. Thanks for your comment

Posted

No, that is not bias. Our court system is very bogged down with the same people coming back with the same types of problems. Every time the police get called and every time the same people are back in court with the same issues, it costs money. One way to try to stop wasting a lot of court time (and taxpayer money) on the same issues with the same people is to issue a restraining order (or a no contact order) to simply keep those people away from each other. Without education (classes) for better communication, and without counseling for relationship issues, and without classes/counseling for better coping skills, the problems often do repeat themselves. The judge was simply speaking to that issue.

Asker

Posted

I understand your concept. But, one person is one person and not of the same person a Judge looks at people as once concept of what he/she thinks. Judges need more education than they already have. As they are trained in a few subjects that pertain to their job. However, their higher pay/income, living status, lifestyle as well as others deny that judge to understand the lower income type families, people and situations in which they live. So Judges are limited in their ability to properly judge each person outside of a Judges lifestyle. Making the Judge the rose and the low income the weed. Neither understands those differences in lifestyles. All judges need to be replaced with computers. The computer would be programmed to know the different lifestyles, have no emotional issues with certain things and weed out the mental congestion' s of the way is should be over the way it actually is. Also, the computer does not have to face the threat of losing a job by going against what the co-workers (Pros Atty, Jury, attorneys, and other associates) have a favor towards. Many Judges who make wrong decisions have lost their position because of these same things. Such as if a Judge favored a sex offender in a child care issue and gave the child to the parent the CPS would report this as a wrong to the bar and make all kinds of complaints to the point the judge loses face and position. Who cares if the court system is bogged down. It would not be so if our Justice System and the legislature would not make yearly laws to incriminate the public and stay with the basics. If you look at America as it stands now....it is more of a communist country than it once was. Thanks for your reply.