Episode 36: Tantrum — The JudgeMental Podcast
In this episode of The JudgeMental Podcast, hosts Hugh and Christine dive deep into the latest drama from Louisville Family Court. They break down a recent order from Judge Santry, which, in their words, reads like a "temper tantrum on paper." The hosts discuss the culture of the Louisville Family Bar, judicial accountability, and the importance of due process and impartiality in the courtroom.
Key topics include:
The controversy surrounding a judge’s refusal to recuse herself after attending a partisan political event with a Guardian ad Litem involved in the case.
The blurred lines between professional relationships and conflicts of interest in smaller legal communities.
The difference between actual bias and the appearance of bias, and why the latter is enough to require recusal.
The emotional tone of judicial orders and the impact on attorneys and their clients.
Reflections on the broader issues of transparency, accountability, and professionalism in the legal system.
Hugh and Christine share candid critiques, personal experiences, and a few laughs as they call for higher standards and less drama in the courtroom. They also encourage listeners to share their own stories and experiences with the legal system.
Connect with us:
Submit your stories or learn more at judge-y.com
Download the judge-y app to join the movement for judicial accountability
Tune in for sharp insights, unfiltered opinions, and a passionate plea for justice—only on The JudgeMental Podcast.
You are listening to
The Judgemental Podcast.
2
:We're Hugh and Christine, the Minds
Behind Judgy, the revolutionary app
3
:that empowers you to judge the judges.
4
:It's pastime for judicial accountability
and transparency within the courts.
5
:Prepare for sharp insights, candid
critiques, and unshakable honesty from
6
:two lawyers determined to save the system.
7
:We need some justice.
8
:Justice, my fine justice.
9
:And I wanna ring, be in public.
10
:I wanna ring, be in public crowd.
11
:Yeah.
12
:Christine: Oh.
13
:In today's episode of Louisville
Family Court, confirming every single
14
:person that says negative things
about them online, we've got an order.
15
:From the judge herself saying that
basically the Louisville Family Bar
16
:is one big club and y'all ain't in it.
17
:I mean, I, you can't make this shit up.
18
:Hugh: Well, I, I think
it's worse than that.
19
:I think, it's something, it
says something different.
20
:It essentially says, well, there are these
ethical rules that the movement in this
21
:case, who says I have to recuse myself.
22
:There are these ethical rules.
23
:That they are arguing, but those
ethical rules ignore the way
24
:that the Louisville Bar Yeah.
25
:Works.
26
:We are a close knit community.
27
:We go do things with one another.
28
:We go places.
29
:We attend political events
together and all of this stuff.
30
:So.
31
:It just wouldn't work here in
Louisville because that's how we do it.
32
:And that's sort of, that was the bane
of my existence when I practiced.
33
:Yeah.
34
:Oh yeah, yeah, yeah.
35
:I know.
36
:I know the rules say this.
37
:I know the laws say this, but
this is how we do it here.
38
:Works special.
39
:It's just the way it works here.
40
:Christine: Yeah.
41
:You know, due process doesn't comply.
42
:We don't have to comply
with due process here.
43
:We don't have to abide by
the ethical rules here.
44
:We don't have to comply with the law here.
45
:Yeah.
46
:We're the Louisville family bar.
47
:We drink together.
48
:Hugh: Now this one, this
one isn't, this one isn't.
49
:I don't think this is , the level of
what we saw with Judge Ogden and I'm
50
:still sting nothing, sting a little bit
from having read that emergency order.
51
:So I mean there is a level of, you
know, and I've seen, , some of the
52
:things ring true from what Judge Sentry
says in her order and they ring true.
53
:In most places where I've practiced
that are in very, very small towns, it
54
:just seems disingenuous for Louisville.
55
:You know, for instance, so , I've
practiced in front of judges who just
56
:very clearly are going to know something
about, just about anybody or anybody's
57
:family that practices in front of them.
58
:'cause they're in a
small town that happens.
59
:There are practicalities that
necessitate that the mere
60
:familiarity with one of the parties.
61
:Isn't automatically disqualifying.
62
:Christine: Yeah,
63
:Hugh: but
64
:Christine: that's like saying the
sky's blue grass is green, Kentucky is
65
:a commonwealth, duh and duh duh duh.
66
:And not to be facetious, but this is
the order in the recusal motion where
67
:Judge Santry was asked to recuse because
she went to a partisan political.
68
:Nt, what does that mean?
69
:Hugh: Event
70
:Christine: vent.
71
:Y'all, I don't know, with a
GAL had her arm around it.
72
:The GA L's running for office, which
is in and of itself horrifying because
73
:this GAL basically, I think violated
her obligation taking on , so much.
74
:But we got the recusal motion.
75
:The judge denied it, and you
had the perfect explanation
76
:for what this order was.
77
:Hugh: I have the perfect explanation.
78
:You did
79
:Christine: for what this was.
80
:You said it, I, can you not remember, you
said it was a temper tantrum on paper.
81
:Hugh: Oh, Lord.
82
:I did.
83
:I saw, yeah, and it's what it seemed like.
84
:, And I know that I, I said that
as well about the response.
85
:To the motion while we were
in motion hour as well.
86
:Yeah, yeah, yeah.
87
:It was just very strange to see an
emotional reaction to a motion to recuse.
88
:Yeah.
89
:So the standard is if there's
any appearance that the judge
90
:cannot be impartial, the
judge is supposed to recuse.
91
:You have an attorney who very
professionally pointed something out that
92
:made her client believe that the judge.
93
:Would not be impartial.
94
:Actually, the
95
:Christine: client found it and
reached out to the attorney.
96
:Hugh: Well, no, I, but I mean, I
would, what I'm talking about is in
97
:the motion, the attorney's motion.
98
:Yeah.
99
:The client found it,
reached out to her attorney.
100
:The, the attorney did what
the attorney had to do.
101
:Mm-hmm.
102
:And said There appears to be something
that caused into question the
103
:objectivity of this court in this
case, because of this relationship or
104
:this appearance at a political event
for one of the attorneys in the case.
105
:Mm-hmm.
106
:Now.
107
:It doesn't matter to me, and I don't
think it matters within the rules
108
:whether the attorney is for one of the
parties or is the GAL to the judge?
109
:The, , it the fact that mm-hmm.
110
:There could be some appearance that she
couldn't be objective regarding to A
111
:GAL is a different matter and doesn't,
you know, doesn't rise to the same,
112
:you know, it, it, it isn't it doesn't
cause for the same scrutiny, which.
113
:I don't know where that comes from.
114
:Now.
115
:I would imagine it doesn't come
from the law because it's not,
116
:there's not really any law.
117
:Right, right, right.
118
:Anywhere near that statement.
119
:Christine: She just makes it so
personal and there are things,
120
:you know, that this is a judge.
121
:This is.
122
:I'm almost more disappointed in this
order from Shelley Santry than I am in
123
:the Ogden thing and hear me out, because
I had, I agree, respect for Shelley.
124
:I felt the same way.
125
:I donated to Shelley's campaign.
126
:Shelley was what I consider to be
one of us, like she was getting
127
:screamed at by the TikTok judge.
128
:You know, I've seen her that happen.
129
:Or I've seen Shelley be in situations
where, you know, she wasn't
130
:in the quote unquote in group.
131
:You know what I mean?
132
:Oh man.
133
:Hugh: She was a fighter.
134
:Yeah.
135
:I loved, I mean.
136
:When I got over there in court and
saw that she was gonna be on the
137
:other side, I thought, oh, okay.
138
:This is gonna be harder.
139
:But I liked it.
140
:It was, she was a
141
:Christine: zealous
advocate for her client.
142
:Hugh: Yeah, she, she was
great in the courtroom.
143
:I thought I was happy when she reached
the bench, so I have to agree with you.
144
:This disappointed me more
because , it was not expected.
145
:And when I said a temper tantrum on
paper, he like, here's what I meant.
146
:If you read the motion, the motion asking
the judge to reuse is specifically.
147
:Here are the things that we think call in.
148
:Mm-hmm.
149
:To question the impartiality
and call for recusal ins.
150
:, The judge addressed that, but gave
just as much room to an argument
151
:that the court was displeased
with an earlier ruling mm-hmm.
152
:On the case.
153
:No
154
:Christine: mention of that
in the motion to recuse.
155
:No.
156
:And
157
:Hugh: it's that she just wants
a second bite of the apple.
158
:That's why she's trying to, it's.
159
:That's that I don't, there's
no reason to be making that
160
:argument in response, nor you're
161
:Christine: presuming intent on the
parties, which shows your actual bias.
162
:Hugh: I would say that it, this entire
motion, I mean this entire order, I
163
:think would be grounds for that motion
to be refiled if I were doing it.
164
:I mean, what are you gonna do?
165
:You're gonna make things worse.
166
:I don't think so.
167
:Nope.
168
:You've obviously touched a nerve.
169
:You've angered the judge over filing a
very professional motion for recusal.
170
:I would file it again because
of what's said in here.
171
:Oh, I
172
:Christine: take it straight to the
Supreme Court pursuant to that rule.
173
:Is it 31?
174
:God, I can't ever remember
175
:I think you can file a
motion to recuse directly.
176
:Hugh: Well, you can file
it to the Court of Appeals.
177
:Christine: I think it's the Supreme.
178
:I don't honestly, y'all, I I
think, oh no, you're right.
179
:It's the Supreme Court.
180
:It's the Supreme Court.
181
:Hugh: Yep.
182
:Yep, yep.
183
:Sorry, misspoke.
184
:Christine: But it's, there's two ways,
and I'm not a hundred percent sure.
185
:These are so rare and we'll look it in.
186
:We will look it up.
187
:And again, if we say, say
something wrong, we're not gonna
188
:have a temper tantrum on camera.
189
:We're on paper.
190
:But I mean, my God.
191
:And then you read this.
192
:And then she says, even counsel for
the petitioner acknowledges in her
193
:pleadings believe that, that she
does not believe the undersigned,
194
:harbors any actual bias in this case.
195
:Hugh: Which is not the standard.
196
:Christine: Not the fucking standard.
197
:Hugh: That's the exact that it,
the standard says it doesn't.
198
:You don't have to show actual bias,
the appearance, or that any reasonable
199
:person might feel that there could
be some bias or you couldn't be.
200
:Objective is enough for
the judge to recuse.
201
:And so she's arguing
actual bias, and she's
202
:Christine: arguing the wrong law.
203
:She's stating the wrong law.
204
:Then she goes on to talk about just dude.
205
:I mean, she basically just
says she's got a conflict with
206
:every person that, Shelley, you
need to recuse from this case.
207
:You need to, you need to inhale.
208
:You need to exhale 30 times in a row,
and you gotta get it together, okay?
209
:Because you can't be
treating people like this.
210
:Hugh: She, she basically points out other
things that would call into question.
211
:Impartiality.
212
:In her order specifically, she says,
ironically, the undersigned quite recently
213
:wrote a glowing letter of recommendation
for the petitioner's counsel.
214
:Is this petitioner suggesting that this
prior act of professional mentorship
215
:could also create the basis for recusal?
216
:Well, yeah.
217
:Christine: Now,
218
:Hugh: yeah, absolutely,
and it certainly could.
219
:Now.
220
:Christine: Well, and this
is where, you know, I try.
221
:And I know some people, I'm theatrical,
but I try to really deescalate,
222
:like I get a lot of people that'll
comment stuff in my stuff, you
223
:know, really radicalized by certain
advocacy groups and things like that.
224
:And I try not to get involved,
but we have to follow the law.
225
:But you have a judge blatantly
saying the Louisville Family Bar is a
226
:small, close knit and collaborative.
227
:No.
228
:Okay.
229
:First off, if that's the case, no wonder
everyone online is like It's a conspiracy.
230
:It's a cabal.
231
:Hugh: Yeah.
232
:Everybody's in, in on it.
233
:Yeah.
234
:Which is what we hear all the time, which
235
:Christine: we're not collaborative.
236
:You idiots.
237
:We are lawyers.
238
:We're litigators like seriously,
we're not holding hands and braiding
239
:each other's hair, saying kumbaya.
240
:It says,
241
:Hugh: petitioner's motion
completely ignores the practical
242
:realities of this jurisdiction.
243
:In other words.
244
:It's different in Louisville.
245
:We all go do things together.
246
:We're friends.
247
:We go to lunch with one another.
248
:We post it all over social media.
249
:We go on trips together.
250
:, We go to political campaigns events that
we probably shouldn't be at anyway with
251
:people that are appearing in front of us.
252
:Yeah, and you're right.
253
:I'm glad that they finally admit
that those things were going on.
254
:Those have been a problem
for a very long time.
255
:You know, now , we've got an order from
a judge that, oh, by the way, yeah.
256
:That is how it is here.
257
:By way, way, yeah.
258
:This, we think we're different.
259
:We're gonna, we're gonna act differently.
260
:And this is just how it works here.
261
:Christine: And this is, you
know, I go like, Louisville,
262
:you're a fucking failure.
263
:In one of the podcasts that just
came out, and it is to some degree,
264
:I practiced in small towns and we
had a lot of problems there too.
265
:But actual conflict, appearance of a
conflict and this, this is so retaliatory.
266
:I feel so bad.
267
:I have not reached out to this
attorney and I don't want to.
268
:Just because I don't want to get
involved, like, and, and this attorney
269
:has always been a pleasure to have a
case with, I think she's a former public.
270
:I agree.
271
:I know She's a former public defender.
272
:She's extremely
intelligent, in my opinion.
273
:She and I, this is not me saying
that on behalf of the entire
274
:firm, just to caveat that.
275
:But her in particular.
276
:I digress.
277
:But this is, can you imagine
having to have a conversation
278
:Hugh: with your client?
279
:With your client?
280
:Christine: This is like literally
when I got the TikTok judge's order
281
:back, talking about me personally
and having to call my client.
282
:You're just like, is this
what I do for a living?
283
:Because this judge just, I agree,
blatantly retaliated against
284
:the attorney for filing it.
285
:Yeah.
286
:And, and called her an idiot and,
and implied she's an idiot when
287
:in reality it's the opposite.
288
:Hugh: No, it is.
289
:And, and I can, , I wasn't in the room
when this attorney was speaking with
290
:her client about this, but I'm sure the
conversation went something like this.
291
:This is routine motion.
292
:This is if you feel uncomfortable with
this judge, I can file this motion.
293
:She's either gonna grant it or deny it,
but knowing this judge is not going to
294
:have a bearing at any point on your case.
295
:Mm-hmm.
296
:You shouldn't have to worry about
the fact that the judge can't be
297
:professional after you ask for this.
298
:And by the way.
299
:We're going to make very
clear in our motion that she
300
:doesn't have any actual bias.
301
:Mm-hmm.
302
:We don't believe that, you know, there,
that she's actively trying to do something
303
:wrong, but it meets the standard that
this, it would call, I, it would call,
304
:you know, into question if I were one
of the parties in this case, and maybe.
305
:Adverse to the position of the
GAL and I see a judge attending
306
:the gal's political event.
307
:I would bring it up.
308
:I would be uncomfortable with it.
309
:I would want to raise it and then
to get an order where it is clearly
310
:like, not only are you wrong and
am I denying this, I'm gonna.
311
:Shit all over you.
312
:And I'm gonna jab and I'm gonna
talk about how you want a second
313
:bite at the apple and you're being
a whiny baby and all of this stuff.
314
:And I'm
315
:Christine: your mentor and
you should know better.
316
:This is
317
:Hugh: a, this is just like, I know
you are, but what am I kind of?
318
:And yeah, you're right.
319
:I would hate to be that attorney
going and talking to the client.
320
:Say, oh, so we got an order.
321
:Of course, after, I think the
judge's reaction at motion hour,
322
:Christine: well, you'll
recall though at motion hour.
323
:That the attorney that filed
this motion to recuse said
324
:she called the Ethics Hotline.
325
:The Ethics Hotline, and they told
her to do it, advised her to file it.
326
:And so she has wonder why, right?
327
:Wonder why, , and then the judge heard
this and was just like, her first
328
:reaction was like, you're filing this
because you're mad at my ruling, instead
329
:of she's lost Any ability for me to
think that she can be objective ever
330
:Hugh: on this case,
331
:Christine: or I mean.
332
:If you're gonna,
333
:Hugh: some, something touched a nerve
here and, , but I, what, I guess what
334
:I was getting at is having watched
that emotion hour, the first thing I
335
:would've done is talk to my client.
336
:And I'm sure that probably happened
that, oh, this went in a different
337
:way than I expected it to.
338
:Yeah.
339
:But again, there is nothing more that you
can do from an attorney's point of view.
340
:Your client raises this.
341
:If you think it potentially invokes
the rule requiring the judge
342
:to recuse, you can't ignore it.
343
:No.
344
:You call bar counsel, they tell you
you need to go ahead and file this.
345
:There's no reason for reaction
like this from the bench that
346
:is personal and emotional.
347
:Literally.
348
:And it just, yeah,
349
:Christine: it's all the things.
350
:And I'm gonna go, I'm gonna say it.
351
:I'm gonna say it again.
352
:We got women making these.
353
:Emotional idiotic orders.
354
:I mean, this is a what?
355
:Five page order and I wanna be clear.
356
:Four page order.
357
:Shelley Santry, judge Santry is not
devoting four pages to a case where
358
:a parental provider or caregiver put
a cigarette out on their kid on the
359
:dependency, neglect, and abuse docket.
360
:She's not given that kind of
time and information to horrific.
361
:Do you understand what these judges
see sometimes What happens in
362
:Louisville, Kentucky on some of these
dependency, neglect and abuse dockets?
363
:Or where people are literally using
drugs in front of their children,
364
:overdosing in front of their children,
abusing their children, physically,
365
:mentally, sexually, all of those things.
366
:I mean, horrific, horrific things happen,
and you have time to devote this kind
367
:of attention to a motion, to recuse.
368
:Hugh: Yeah, I just, I don't know why you
would wanna make this personal there.
369
:There's, because you're generally
something is going on behind the
370
:scenes and we can't know what it is.
371
:Like there's something touched a nerve.
372
:This isn't just, I mean.
373
:Christine: We're not giving men
the be something touched a nerve.
374
:We have Ogden just
blatantly violating the law.
375
:You got Shelley being like,
how dare you question me.
376
:You got Denise putting on Falsies.
377
:I have showing up two hours late.
378
:Hugh: Worse from the
male judges that we have.
379
:And yes, we see more of it from
the male judges because eight 80%.
380
:Of our judges in Louisville are women,
so, well of course we're seeing it more.
381
:I'm sorry, I said more from the male.
382
:We're seeing it more
from the women judges.
383
:'cause we have 80% women judges.
384
:Christine: Yeah.
385
:We do not have it, but it's just
386
:Hugh: the most temper tantrum orders
and reactions in court I've ever seen
387
:have not been from female judges.
388
:And maybe, you know, I don't know.
389
:I digress.
390
:You can get into but making
blanket statements, but.
391
:Christine: But no, it's just either
392
:Hugh: way, it's,
393
:Christine: it's embarrassing that mm-hmm.
394
:As women, you're writing an
emotional order like this, like.
395
:It's just like I said in the, and we
haven't got the video of that yet.
396
:We're waiting on that.
397
:But where
398
:Hugh: well, you can't
email requests anymore.
399
:You gotta, we gotta do it
in paper and in person.
400
:Just like, you have to go to court now in
person if, if you wanna watch anything.
401
:Yeah, whatever.
402
:Christine: It's just like,
we'll get it together.
403
:Stop being so emotional.
404
:Do you need my help act?
405
:We can, we can do a CLE for you guys.
406
:Due process.
407
:Notice opportunity to be heard, impartial.
408
:Decider of fact, you know, recusal.
409
:Appearance of a conflict is enough.
410
:It doesn't require actual ballot actual.
411
:Ma malice, LOL not,
that's not the standard.
412
:That is actual malice is the
standard in New York Times versus
413
:Sullivan when we, when you can
defame a public official, right?
414
:Yeah.
415
:That's the standard.
416
:No,
417
:Hugh: that's right.
418
:Christine: But I mean, we can put this
on cue cards and help you guys out also.
419
:Yes.
420
:You,
421
:Hugh: you could attend the Christine
Miller school for not being emotional.
422
:Christine: Yeah, you're right.
423
:Can you imagine?
424
:I mean, but it's like I never cur, I
cursed in court one time when I was
425
:a young little baby public defender.
426
:And I learned my lesson, and
it was in juvenile court.
427
:It was closed.
428
:It was after people had gone to the back.
429
:But you know, it's one thing if Shelley
wants to come on this podcast and get
430
:all emotional about how hard her job is,
blah, blah, blah, blah, blah, but in a
431
:court of law, like she can get emotional
with me, but these are people's lives.
432
:Like I have people, I try
to deescalate my followers.
433
:I'm like, whoa, whoa, whoa, deescalate.
434
:We gotta just tell the facts.
435
:We've gotta do all this kind of stuff.
436
:But it seems like the family court.
437
:Bench escalates things.
438
:They poke the bear.
439
:Oh, just go take a kid out of
Nevada schools with no cause.
440
:You know what I mean?
441
:Oh, how dare you question me and
file a motion to recuse, you know?
442
:Now I'm gonna just say you did that
because you want another bite at the
443
:apple, which was the exact verbiage
that was used in the response.
444
:Said, she says the other
wants another bite.
445
:Hugh: You're trying to get
me off this case because you
446
:didn't like a previous ruling.
447
:Well.
448
:No, if you'd read the motion, yeah.
449
:It's actually because you're going
to political events and getting
450
:photographed with one of the attorneys
on the case at political events,
451
:Christine: at a partisan political event.
452
:The judge, the judiciary
can't be political.
453
:It's just again, basic.
454
:Basic.
455
:Oh, but she
456
:Hugh: didn't endorse her, so it's okay.
457
:Apparently under this.
458
:Or donate.
459
:Yeah.
460
:Yeah.
461
:Or donate.
462
:And she
463
:Christine: only had one beer.
464
:But I mean, yeah, and it's not a secret.
465
:I mean, the Louisville, a lot of
people, and I've had cocktails with
466
:a lot of the attorneys and stuff
like that and some of the judges, but
467
:it's one thing to be professional,
it's one thing to be colleagues.
468
:It's another thing to just
like rub it in somebody's nose.
469
:That's probably, they had a full
trial, so they're probably 20,
470
:25, $40,000 in, in on this case.
471
:At least.
472
:This doesn't
473
:Hugh: say anything about the drink.
474
:Was that at motion hour?
475
:Yes,
476
:Christine: she did.
477
:Hugh: Where Really?
478
:Christine: I thought so.
479
:It said that I stayed, oh wait, no.
480
:She said she had one beer, but
she said, oh, she arrived late.
481
:Yeah, and spent approximately
30 minutes at the launch.
482
:So spoiler alert, this is actually the job
description of the Louisville Family Bar.
483
:They arrived late and they spent
about 30 minutes on the show.
484
:judge-y.com.
485
:Judge E, submit your stories
Louisville, y'all get it together.
486
:Okay, put the cocktails down.
487
:Let's do a dry January.
488
:Together, everyone.
489
:And let's get to work on time.
490
:How's that sound?
491
:We have to
492
:Hugh: wait till January.
493
:Christine: I know.
494
:Well, I need to do like a 30 day
challenge or something like that.
495
:Like another keto, but Yeah, but
496
:Hugh: let's think of all the kids.
497
:See ya.
498
:Oh
499
:Next call.
500
:We need some justice, justice, justice.
501
:And I wanna ring bells in public.
502
:I wanna ring bes in public nor crowd.
503
:Yeah, but I To the fo Yeah.
504
:I To the fo Yeah.
505
:I to the fo fo teaser.