On today's episode of the Judgmental Podcast, Christine and Hugh dive into the major problem that is delays in Family court. Hugh shares a personal experience of what happened to his client in Oldham County. Christine dives in to give more backstory about her journey over the last two years since she left family Court.
On today's episode of the Judgmental
Podcast, we dive into the major
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problem that is delays in Family court.
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Hugh shares a personal experience of what
happened to his client in Oldham County.
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I dive in and give more backstory
about my journey over the last two
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years since I left family Court./
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You are listening to
The Judgemental Podcast.
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We're Hugh and Christine, the Minds
Behind Judgy, the revolutionary app
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that empowers you to judge the judges.
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It's pastime for judicial accountability
and transparency within the courts.
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Prepare for sharp insights, candid
critiques, and unshakable honesty from
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two lawyers determined to save the system.
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We need some justice.
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Justice, my fine justice.
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And I wanna ring, be in public.
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I wanna ring, be in public crowd.
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Yeah.
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Christine: Oldham was one of my
least favorite counties to go to.
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I think.
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Hugh: I, I, for my clients, I,
I say you gotta stay out because
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you are not gonna get an order No.
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For years.
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If you're financially disadvantaged Yeah.
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Then it's, it's gonna get
worse before it gets better.
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How long did
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Christine: you wait for that one
order outta olden that everybody
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in the world knows about?
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Hugh: Oh, it was over two years.
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Mm-hmm.
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It was a two day trial.
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There were multiple case management
conference that my partner and I
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think it opposing counsel, so there
were three parties to the case.
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So it was a complex case,
but it involved a child.
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It involved a very sick one of the
parties to the marriage was very sick.
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Mm-hmm.
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Hugh: It involved a house that
was being lost, a business and
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a farm that were falling apart.
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Things like they were just,
they were losing everything.
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And they had this third party claim to, I
believe, one of the pieces of real estate.
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And they had intervened and
there was a business interest
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that needed to be resolved.
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And so the case took
about two days to try.
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And then next, how long before trial?
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Like
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Christine: how long before
day cases filed till trial?
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I
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Hugh: don't know.
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Like, I don't remember.
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I wasn't the primary on that case.
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But
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Christine: more than a year probably.
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Hugh: Yeah, I'm sure.
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Okay.
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I'm sure.
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I mean, even a basic case is gonna take
that long if, if you have to go to trial.
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So it took a long time to get to trial.
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Had the trial scheduled.
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There were lots of depositions.
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There were just, um, people hiding money.
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One of the parties had been.
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For instance, we found through Discovery
had been taking his paycheck and he sent,
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uh, he divided one paycheck into 20.
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He had it spread among 20
different bank accounts.
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20, or it might have been
22, but it was 20 or more.
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Mm-hmm.
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So it'd be hard to track how
much money was coming in.
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Yeah.
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And was only showing like, part of it.
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I mean, it was, it was one of those,
but during the two years post-trial,
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there were, there was some motion,
some litigation that occurred.
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It was almost all because they had not
had a ruling and something was happening
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and both parties were filing for case
management conference for the sole purpose
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of saying, judge, this is falling apart.
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We need an order.
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We need kept hearing.
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We needed a decision.
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Yeah, I'm working on it.
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I'm putting finishing touches
on, I'm about to get it out.
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And then another, you know, six months
would go by, bring it before the
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motion hour it gets, get really, you
know, the court would be very annoyed
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that we're bringing it up again.
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And it, by the time we were
done, the house was already gone.
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Third party issue was, I
guess extinguished probably.
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'cause they lost the house.
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Mm-hmm.
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Something like that.
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I mean, it was, that issue was resolved.
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The child was no longer a child
by the time the order came out and
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the motions for child support were
pending through the whole thing.
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So, I mean, yeah, each month that goes
by there is accumulated child support,
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but the order came out and said, well,
by this time the child's 18th, so child
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support is moot and awarded nothing.
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Christine: You're kidding me.
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For
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Hugh: the intervening two years.
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And it's just
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Christine: too late to, I mean, and
the parties at that point probably
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didn't even have money to appeal.
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They,
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Hugh: they got to, it was funny.
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That is the one thing that could
get those parties to sit down at the
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table and settle because they sat
down and settled because we told 'em
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the appeal would be, eh, the appeal's
what, a year, year and a half.
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And that's I mean that's just,
we know that's what it is.
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Yeah.
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Um, and they didn't wanna do it.
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And we told them what
would happen on appeal.
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Even if they said the
judge got it all wrong.
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They would say, go back in front of
that same judge, do it all over again.
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And I mean, I, I think
one of the litigants.
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Legitimately was concerned that by
the time it got resolved at that
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point they would no longer be alive.
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Christine: Oh my goodness.
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And so, I mean, how tragic though it got
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Hugh: settled and it got settled in
a way that was a terrible compromise.
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So much worse than what I
believed our client should get.
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But the other side didn't do
a whole lot better because so
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many of the assets were lost.
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Yeah.
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Because neither of them could do
anything with them to save them while
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the court was, was waiting trauma.
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And, and at the same time I had that,
I had another one that was well over
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a year that we were waiting on that
involved two little kids and allegations
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of substance abuse you know, cohabitation
with, with somebody that was, you
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know, the new boyfriend who the kids
were not supposed to be exposed to.
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And they were, you know, went to go
live with them in the intervening time.
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And we can't get an
order out to do anything.
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Christine: Yeah,
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Hugh: well over a year.
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Christine: I mean, there
there is zero excuse for that.
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I don't care how many cases, I don't care.
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I mean, and this is one of the
problems and hopefully the, you know,
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the judges will be listening, but
no matter how complacent you become
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with your job, I mean, big picture,
there has to be a better way to do it.
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Or, or we should just
give up quite frankly.
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I mean, if this is the best
that the system can operate
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as, we just should give up.
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Hugh: Well, I mean, to a certain extent,
you and I both took different paths
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to get to that, to giving up and we,
we faced some, you know, something
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happened there, there was a reflection
point for each of us for totally
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different reasons where we thought,
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thought,
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Hugh: okay, I, like, for me personally, it
was, I, I got to about the 20 year point.
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Yeah.
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It was
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Hugh: time to, a lot of my decision was
based on business things and what I wanted
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the business to look like, and if I wanted
to spend the next 20 years doing the same
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thing, or I wanted to go in new ventures.
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Yeah.
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And I was fortunate enough to
be in a position I could kind
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of do whatever I wanted, but.
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The other part of it was I had already
pulled back from so much from the actual
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practice itself because I was just,
just I didn't believe in the system.
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The system didn't work.
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I, I, when I came in as an attorney,
believed that if you're more prepared
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and you can tell the best story
and you do the things right and you
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object to the right time, you go
through that, you're set to win.
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And it's just, well, hell, I was more
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Christine: naive than that.
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I thought that the truth
is what would matter.
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Hugh: Oh, wow.
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Plus my heart, you know?
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Yeah.
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But I mean, I understand you, you
had, I mean, you had brushes, um,
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actually with the system and got to
see from a litigants point of view or
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from someone other than an attorney.
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You know, how the system worked?
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Christine: Well, I mean, I, I got
divorced and that's what made me
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realize I knew all the answers,
quote unquote, you know what I mean?
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But I would get an email from my attorney
at the time and it would just send
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you into this spiral and you know what
the judge is gonna do, but it's still
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the notion that you're with somebody
that knows everything about you.
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And it really changed the way
I practice with my clients.
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Yeah.
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It was like they are going
through such an emotional time.
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Like you can't articulate it in
a way until it happens to you.
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And I mean, thank God I didn't
have kids and yada, yada yada.
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But still, it's just a very, it's a, it's
your personal business in a court of law.
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And there is not a single person out
here that hasn't done something that
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they don't want to have to testify to.
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You know what I mean?
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Hugh: Absolutely.
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Christine: And, and, you know, and.
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It did change the way I treated my
clients and I did love the notion of
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being like, we can get resolutions,
we can get those sort of things.
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But I do think my journey to get
where I am today was, you know,
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that was my divorce was when,
God bless, I don't even know.
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2017, I think maybe 2018.
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Um, and then as everyone in Louisville
knows in 2019, I was on the way to
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motion hour for something I should have
never been going to motion hour for.
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And I was a pedestrian, got hit by
a truck, um, suffered a concussion,
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traumatic brain injury and was,
it took a long time to be properly
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diagnosed and then was off work.
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I was cleared to go back to work
part-time when the world shut down
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for COVID, um, which was a blessing
in disguise for me to fully heal.
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But you do have this different
perspective in the sense that.
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The best, the best way I can explain it
is like the night before the accident, I
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don't really remember what I was doing.
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Like I don't have a clear memory, but
I'm sure it was like ordering DoorDash,
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having wine stressed out about all of the
motions I had to go through the next day.
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It was a gor, you know, gorgeous Sunday.
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And then you realize like,
that could have been it.
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Mm-hmm.
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And like, so what was the point?
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And that really started
the process of, what is it?
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I wanna live each day that if I get
hit by a truck, I wanna be happy
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with what what I did that day.
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And really had a process of that
and was back in the system, but
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really wanted to get out of it.
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I mean, especially because COVID
trying to figure out my next steps.
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And then obviously that's when the
ex parte thing happened, uh, with
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the TikTok judge and the domestic
violence victim I was representing.
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And so that was sort of, the beginning
of the end, you know, for me.
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And some of the judges try to
utilize that to say certain things.
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You know, Denise Brown actually
put it in a court order.
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Um, put what she put that I had suffered
a traumatic brain injury in a court order.
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Just as a dig.
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And that was the case with
the dome domestic violence as
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Hugh: a court order, not in your
personal case, but No, you were,
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were you were an attorney, attorney.
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Attorney.
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Yeah.
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After
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Christine: she'd ex parte me, I
filed a motion for her to recuse.
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No, most people don't know that
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Hugh: personal details of an attorney
being put into a court order is
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Christine: oh, beyond inappropriate.
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Wow.
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I actually did, and my poor client,
after everything that they had been
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through with this notion of just the
sheer incompetence that was family court
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and, and going and seeking protection,
and again, I don't wanna get into
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the specifics of that client's case
until I have their full permission.
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But it's all a matter of public record.
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But that was, I mean, the level of
vindictiveness from this judge, and
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00:09:43,203 --> 00:09:47,013
obviously I filed the appropriate
motion, it was sent to a different
235
00:09:47,013 --> 00:09:50,613
judge, and of course the judge struck
all of that nonsense from the record
236
00:09:50,613 --> 00:09:56,133
because just blatantly, I mean,
that's like fourth grade level.
237
00:09:56,903 --> 00:09:59,093
Mean girl type stuff, but I digress.
238
00:09:59,173 --> 00:10:04,243
But these judges are going to utilize
that they already have utilized my car
239
00:10:04,243 --> 00:10:09,213
accident to say that I'm not right,
or that it has affected my ability.
240
00:10:09,213 --> 00:10:12,393
And you know, like I say, jokingly, like
two things can be true at the same time.
241
00:10:12,603 --> 00:10:14,613
I can be crazy and y'all
are bad at your job,
242
00:10:15,613 --> 00:10:15,973
you know?
243
00:10:15,973 --> 00:10:17,293
I mean, what do you and I do?
244
00:10:17,353 --> 00:10:20,443
Every anybody out there that's
listening, like after this, I, I got
245
00:10:20,443 --> 00:10:22,663
hit in 2019 and it was a struggle.
246
00:10:22,693 --> 00:10:23,893
I mean, a significant struggle.
247
00:10:23,893 --> 00:10:27,963
I struggled financially, emotionally,
physically, mentally but I got properly
248
00:10:27,963 --> 00:10:29,403
diagnosed, got proper treatment.
249
00:10:29,403 --> 00:10:32,283
Since that time, I have been on a
nonprofit, the board of a nonprofit.
250
00:10:32,283 --> 00:10:33,273
I have run for judge.
251
00:10:33,513 --> 00:10:36,983
I have bought a house, I have,
rented out a realty company.
252
00:10:36,983 --> 00:10:40,703
Like there is not a notion, anyone
listening that it's not gonna be okay.
253
00:10:41,013 --> 00:10:45,363
And that you got this, you know, just
because people wanna exploit, uh.
254
00:10:46,098 --> 00:10:47,958
They are, um, what's the word?
255
00:10:47,958 --> 00:10:48,408
Lazy.
256
00:10:48,408 --> 00:10:51,048
So that's the best way is just
to attack someone personally.
257
00:10:51,528 --> 00:10:54,888
And, and also, uh, some of them that
are attacking me personally, they
258
00:10:54,888 --> 00:10:58,938
had my yard sign up when I ran for
judge in their yard after my accident.
259
00:11:00,168 --> 00:11:03,948
So that puts things in perspective
for how, uh, how much they thought
260
00:11:03,948 --> 00:11:04,938
it affected me at the time.
261
00:11:05,328 --> 00:11:05,568
Hugh: Yeah.
262
00:11:05,568 --> 00:11:07,158
I've, I've not had that experience.
263
00:11:07,158 --> 00:11:11,478
I, my experiences were
never personal to me.
264
00:11:11,568 --> 00:11:13,608
They were personally disturbing to me.
265
00:11:13,668 --> 00:11:20,268
I think, um, were, some of my experiences
in court were a, a large factor in
266
00:11:20,268 --> 00:11:26,478
being on anxiety medicine and, and, and
being unwell in my practice is because
267
00:11:27,048 --> 00:11:33,548
a family law practice is rather unique
in that you just get so involved in
268
00:11:33,548 --> 00:11:36,128
people's lives, especially when you're
dealing with kids issues that even,
269
00:11:36,548 --> 00:11:39,968
even kids you've never met, you are.
270
00:11:40,523 --> 00:11:43,133
It's like you're defending
your own child sometimes.
271
00:11:43,133 --> 00:11:43,134
Mm-hmm.
272
00:11:43,223 --> 00:11:46,733
And especially when you know you're
on the side of the person that's
273
00:11:46,733 --> 00:11:49,943
doing everything right and, and
really cares for the, for the child.
274
00:11:49,943 --> 00:11:56,483
And to see kids ripped, ripped away
at a moment's notice at a hearing that
275
00:11:56,483 --> 00:11:57,863
you'll never see this child again.
276
00:11:57,863 --> 00:12:01,523
And, you know, to this day, years
later, have never seen the child again
277
00:12:01,523 --> 00:12:05,483
when that's the only person who had
raised the child from, from birth.
278
00:12:05,483 --> 00:12:09,893
Just because you know, frankly,
maybe a judge is just in a bad mood
279
00:12:09,893 --> 00:12:13,433
or doesn't like, you know, that you
filed something in another court
280
00:12:13,503 --> 00:12:17,163
just because it had been sitting for
six months inactive in his or hers.
281
00:12:17,223 --> 00:12:17,493
Yeah.
282
00:12:17,553 --> 00:12:21,603
Hugh: I mean, seeing those kinds
of things felt very personal.
283
00:12:21,603 --> 00:12:23,673
I, and I think that
was because I had kids.
284
00:12:23,673 --> 00:12:26,133
But, but again, that's
very different than having.
285
00:12:26,883 --> 00:12:29,913
The personal experience that
you have and, and your personal
286
00:12:29,913 --> 00:12:31,713
details coming into pleadings.
287
00:12:31,713 --> 00:12:31,983
But
288
00:12:32,503 --> 00:12:35,533
Christine: well the personal thing to
me really is just more the, realizing
289
00:12:35,533 --> 00:12:37,723
the ineffectiveness of a system.
290
00:12:37,843 --> 00:12:38,023
Hugh: Yeah.
291
00:12:38,263 --> 00:12:38,803
Christine: You know what I mean?
292
00:12:38,803 --> 00:12:43,813
Like, you realize, okay, 'cause she did
this to me, and then you think, oh my
293
00:12:43,813 --> 00:12:46,033
gosh, imagine what she's doing to people.
294
00:12:46,453 --> 00:12:49,663
That don't have law license, that
are pro se or that can't defend
295
00:12:49,663 --> 00:12:54,223
themself all in a matter to have
more of like political power.
296
00:12:54,553 --> 00:12:57,433
Um, but I do think you touched
on like anxiety medication.
297
00:12:57,433 --> 00:12:57,973
I don't know.
298
00:12:58,093 --> 00:13:03,573
There is a lot of trauma and mental health
issues within the family law profession.
299
00:13:03,843 --> 00:13:03,933
Sure.
300
00:13:04,173 --> 00:13:07,083
Christine: You know, I mean, hon
I'm on honestly healthier now than
301
00:13:07,083 --> 00:13:08,043
I was when I got hit by a car.
302
00:13:08,043 --> 00:13:10,923
I was on anxiety medication,
um, when I got hit.
303
00:13:10,923 --> 00:13:15,843
And my doctor believes that that had
an effect on, you know, my, my brain at
304
00:13:15,843 --> 00:13:17,583
the time because it does mess with it.
305
00:13:17,583 --> 00:13:20,883
So I would say my brain's probably
healthier today than it was before.
306
00:13:20,883 --> 00:13:21,003
I'm
307
00:13:21,003 --> 00:13:23,523
Hugh: a lot healthier than
when I, when I practiced.
308
00:13:23,523 --> 00:13:26,823
But I think, you know, the, the,
when you say there's a lot of trauma
309
00:13:26,823 --> 00:13:29,373
in, in family law, I mean, I think
there's, there are different types.
310
00:13:29,433 --> 00:13:32,223
Uh, I think on the one hand you've
got people that go into family law
311
00:13:32,223 --> 00:13:33,813
because they've experienced mm-hmm.
312
00:13:34,623 --> 00:13:39,783
Really bad situations in their families or
when they were a child and they want to.
313
00:13:40,668 --> 00:13:43,608
Be an advocate and they want to
fight for, you know, fight within
314
00:13:43,608 --> 00:13:46,218
a system that actually helps
resolve some of those things.
315
00:13:46,218 --> 00:13:49,278
Or at least that's why they get
into it, thinking that it does.
316
00:13:49,548 --> 00:13:54,948
You also have people that are traumatized
by the system once they get into it.
317
00:13:54,953 --> 00:13:59,808
That, that was how I was, I
didn't, I didn't come into this as
318
00:13:59,898 --> 00:14:02,808
a mission because of some trauma
I'd had in my personal life.
319
00:14:02,808 --> 00:14:02,898
Mm-hmm.
320
00:14:03,138 --> 00:14:04,128
It wasn't a personal mission.
321
00:14:04,128 --> 00:14:06,058
It was a business decision.
322
00:14:06,058 --> 00:14:08,398
I liked being in court and
family law puts you in court.
323
00:14:08,403 --> 00:14:08,523
Mm-hmm.
324
00:14:08,603 --> 00:14:08,883
A lot more.
325
00:14:09,028 --> 00:14:12,418
And I did, I didn't, I didn't have
that personal connection to it at
326
00:14:12,418 --> 00:14:17,278
all until I had my own kids and my
practice changed greatly when everybody
327
00:14:17,278 --> 00:14:19,858
that came in and talked about their
kids, I just saw it differently.
328
00:14:19,858 --> 00:14:22,048
It wasn't like just another
thing we're fighting over.
329
00:14:22,048 --> 00:14:28,288
I got it as a parent and that that
changed, but I, you know, I mine.
330
00:14:29,263 --> 00:14:32,563
To the extent there was any personal
trauma, it was just feeling like something
331
00:14:32,563 --> 00:14:37,063
that I had believed in, that I had
obviously naively come into thinking, this
332
00:14:37,063 --> 00:14:39,043
is a court of law, this is how it works.
333
00:14:39,043 --> 00:14:39,943
There are rules.
334
00:14:40,033 --> 00:14:40,093
Yeah.
335
00:14:40,093 --> 00:14:41,563
Attorneys fight by the rules.
336
00:14:41,563 --> 00:14:44,773
We're gonna do everything in our
power to win for our client and do
337
00:14:44,773 --> 00:14:46,843
what's right, but within the rules.
338
00:14:46,843 --> 00:14:46,844
Mm-hmm.
339
00:14:47,023 --> 00:14:51,883
And then you come in and just being
told sometimes blatantly from the
340
00:14:51,883 --> 00:14:54,553
bitch, oh, I don't enforce that rule
in my courtroom, or, or I don't care
341
00:14:54,553 --> 00:14:55,513
Christine: what the case law says.
342
00:14:55,573 --> 00:14:55,903
Hugh: Yeah.
343
00:14:55,903 --> 00:14:57,553
Or just, that's fine.
344
00:14:57,553 --> 00:14:58,423
Take me upstairs.
345
00:14:58,633 --> 00:15:00,043
Basically meaning appeal me.
346
00:15:00,523 --> 00:15:00,613
Mm-hmm.
347
00:15:00,853 --> 00:15:00,856
I don't care.
348
00:15:00,888 --> 00:15:07,003
And, and just regularly being told that it
just sort of demeaned it, it felt like I
349
00:15:07,003 --> 00:15:13,003
was practicing somewhere other than a real
court or in a, in a proper profession.
350
00:15:13,003 --> 00:15:16,273
Like, and, and, and I think that to
a certain extent, at least as far as
351
00:15:16,273 --> 00:15:20,893
family law goes, 'cause that's, that's
where I made my, my the most, the,
352
00:15:20,893 --> 00:15:23,713
the bulk of the years of my career.
353
00:15:23,833 --> 00:15:26,683
Starting off in international
environmental law, but mainly worked
354
00:15:26,683 --> 00:15:28,453
as a family lawyer for 20 years.
355
00:15:30,403 --> 00:15:34,123
I got the feeling that other people sort
of thought that way about family court.
356
00:15:34,123 --> 00:15:34,363
Oh.
357
00:15:34,363 --> 00:15:37,813
It's just, it's not this area where
there, there are rules and it's
358
00:15:37,813 --> 00:15:38,923
just different in family court.
359
00:15:38,923 --> 00:15:40,003
Oh, I don't touch family court.
360
00:15:40,003 --> 00:15:41,383
You hear from so many other attorneys.
361
00:15:41,383 --> 00:15:43,153
I'll go to circuit court, I'll
go over to district court.
362
00:15:43,153 --> 00:15:43,213
Yeah.
363
00:15:43,453 --> 00:15:47,623
They may be a general practitioner doing
DUIs in the morning, probate in the
364
00:15:47,623 --> 00:15:51,553
afternoon, going over there and doing
a contract dispute in circuit court.
365
00:15:51,553 --> 00:15:53,743
And those are all very different things.
366
00:15:53,893 --> 00:15:56,353
But those same people will often
say, oh, I don't touch family court.
367
00:15:56,353 --> 00:15:57,433
That's just a different animal.
368
00:15:57,553 --> 00:15:58,633
Christine: It is its own animal.
369
00:15:58,633 --> 00:16:02,563
And I mean I, and how I stumbled upon it,
you know, we talked about last time and
370
00:16:02,563 --> 00:16:05,773
I did love it for quite some time, but
I do think we have the biggest burnout.
371
00:16:06,013 --> 00:16:07,063
I also think,
372
00:16:07,693 --> 00:16:08,143
Hugh: oh no doubt
373
00:16:08,143 --> 00:16:08,713
Christine: to explain.
374
00:16:08,713 --> 00:16:12,433
Like there's a few things that you
said today that I know from like the
375
00:16:12,433 --> 00:16:17,833
community that they think that attorneys
really, are corrupt with the judges.
376
00:16:17,923 --> 00:16:21,253
And I think what they don't understand,
and I don't mean to say this like in a
377
00:16:21,253 --> 00:16:24,073
condescending way, but what people on the
outside don't see, like you mentioned,
378
00:16:24,073 --> 00:16:28,063
like, hey, the judge is, you're waiting
on an order and so you're filing a
379
00:16:28,063 --> 00:16:29,653
motion, Hey judge, we need this order.
380
00:16:29,953 --> 00:16:32,833
And people don't understand why
we don't do that every week.
381
00:16:32,833 --> 00:16:37,333
And it's because we know the judge has
the power via that order to destroy them.
382
00:16:37,663 --> 00:16:38,263
Um, we're
383
00:16:38,263 --> 00:16:39,793
Hugh: protecting our
client by not doing it.
384
00:16:39,793 --> 00:16:39,883
Yes.
385
00:16:39,883 --> 00:16:42,853
But we're also taking the blame because
we don't seem that we're being proactive.
386
00:16:42,883 --> 00:16:42,943
Yeah.
387
00:16:42,943 --> 00:16:45,253
And it's, we've seen how vindictive.
388
00:16:46,048 --> 00:16:46,558
Punitive.
389
00:16:46,558 --> 00:16:48,688
The judges can be when you
point those things out.
390
00:16:48,693 --> 00:16:49,303
And retaliatory.
391
00:16:49,303 --> 00:16:49,423
Yeah.
392
00:16:49,423 --> 00:16:49,425
And retaliatory.
393
00:16:49,430 --> 00:16:49,558
Yeah.
394
00:16:49,558 --> 00:16:52,738
And that's exactly right.
395
00:16:52,798 --> 00:16:54,838
Christine: And like, I mean, you'll
tell judge, Hey Judge, you can't
396
00:16:54,838 --> 00:16:56,218
ex parte, you have to recuse.
397
00:16:56,218 --> 00:16:58,978
And it's like, Hey, you had a
traumatic brain injury a year ago.
398
00:16:59,038 --> 00:17:01,348
I mean, that's the result that
you're gonna get in a public setting.
399
00:17:01,768 --> 00:17:02,068
You know?
400
00:17:02,068 --> 00:17:03,478
I mean, that's what Denise Brown did.
401
00:17:03,568 --> 00:17:05,548
And so imagine if you're a litigant.
402
00:17:05,798 --> 00:17:10,988
And I do think, obviously we'd be naive
to think or to say that a hundred percent
403
00:17:10,988 --> 00:17:13,598
of attorneys are on the up are legit.
404
00:17:13,657 --> 00:17:14,318
That's insane.
405
00:17:14,318 --> 00:17:15,127
We don't believe it.
406
00:17:15,188 --> 00:17:15,877
I don't believe it.
407
00:17:15,877 --> 00:17:17,798
I've seen attorneys do
things that I would never do.
408
00:17:17,798 --> 00:17:18,758
I've seen things we, we know who
409
00:17:18,758 --> 00:17:18,878
Hugh: they are.
410
00:17:18,884 --> 00:17:21,728
The ones that you, you see from
motion hour would just walk in the
411
00:17:21,728 --> 00:17:25,088
back at the beginning of motion
hour, then come back out and sit
412
00:17:25,088 --> 00:17:26,108
down with the rest of the attorneys.
413
00:17:26,108 --> 00:17:28,718
You know, they just walked in the back
and talked to the judge and their buddies.
414
00:17:28,723 --> 00:17:28,853
Yeah.
415
00:17:28,853 --> 00:17:28,973
And just.
416
00:17:30,128 --> 00:17:30,338
Christine: Yeah.
417
00:17:30,338 --> 00:17:30,548
Oh.
418
00:17:30,548 --> 00:17:32,108
And I mean, that happens.
419
00:17:32,378 --> 00:17:37,138
That happens like, but I don't think the
large percentage of attorneys are bad.
420
00:17:37,168 --> 00:17:37,648
I really don't.
421
00:17:37,648 --> 00:17:39,298
Even the ones I don't like personally.
422
00:17:39,628 --> 00:17:39,808
Hugh: Yeah.
423
00:17:40,108 --> 00:17:42,838
And, you know, and there are plenty
of lazy practitioners or people that
424
00:17:42,838 --> 00:17:47,278
just don't know the rules, but some
of that is reinforced by the system.
425
00:17:47,283 --> 00:17:47,363
Mm-hmm.
426
00:17:47,678 --> 00:17:51,368
I have practiced in family courts
in other states, pro hac, viche
427
00:17:51,368 --> 00:17:52,294
or, you know, what's that mean?
428
00:17:52,328 --> 00:17:55,958
Other states where I bar Oh, where,
where they, where the courts will let you
429
00:17:55,958 --> 00:17:58,148
practice on a specific case by case basis.
430
00:17:58,148 --> 00:18:01,688
You file, um, a request, you get the
backing of an attorney that's barred
431
00:18:01,688 --> 00:18:04,718
in that state and you say, I have an
interest in practicing within this.
432
00:18:04,718 --> 00:18:06,908
I will follow the rules
of, you know, Florida.
433
00:18:06,913 --> 00:18:07,933
And it's only for one case.
434
00:18:08,083 --> 00:18:08,373
Yeah.
435
00:18:08,393 --> 00:18:12,068
Or you, you can practice for that case
as long as it takes your, your part of
436
00:18:12,068 --> 00:18:14,228
that case, but it'll be in family court.
437
00:18:14,288 --> 00:18:20,078
And I remember a specific hearing in
Florida and I thought the judge was
438
00:18:20,078 --> 00:18:22,748
just absolutely nasty to everyone.
439
00:18:23,048 --> 00:18:23,408
But.
440
00:18:23,948 --> 00:18:29,618
The way she was nasty was just absolutely
busting everybody's balls about not,
441
00:18:29,768 --> 00:18:33,968
if you made a legal argument, you had
to cite not only the case, but the
442
00:18:33,968 --> 00:18:36,158
page where that they could find that.
443
00:18:36,518 --> 00:18:39,368
And you had to have filed
something or have a copy.
444
00:18:39,578 --> 00:18:43,118
Now, of course, if someone makes
an argument and you're responding
445
00:18:43,118 --> 00:18:45,488
and you didn't have any idea they
were gonna make that argument, you
446
00:18:45,488 --> 00:18:46,928
would think you'd get some grace.
447
00:18:46,928 --> 00:18:49,088
But it was just like,
where can I find that?
448
00:18:49,118 --> 00:18:49,568
No, no, no.
449
00:18:49,568 --> 00:18:50,978
I don't wanna know generally about it.
450
00:18:51,008 --> 00:18:51,788
Where do I find that?
451
00:18:51,788 --> 00:18:53,288
I'm looking at the case
now, where do I find it?
452
00:18:53,288 --> 00:18:57,098
And just the rules were
so absolutely strict.
453
00:18:57,098 --> 00:19:01,598
And they treated it, I mean, the
clients were yelling at one another.
454
00:19:01,598 --> 00:19:02,948
I mean, they were, it was emotional.
455
00:19:02,948 --> 00:19:04,628
It was all the things that family law is.
456
00:19:04,628 --> 00:19:06,428
Yeah, it makes you different
from other court settings.
457
00:19:07,028 --> 00:19:09,338
But man, it was a court of law.
458
00:19:09,398 --> 00:19:11,768
And law mattered and rules mattered.
459
00:19:11,768 --> 00:19:18,098
And I remember in that case the result,
if you were not an attorney, didn't
460
00:19:18,098 --> 00:19:21,488
understand why it happened that way,
you would see completely unjust.
461
00:19:21,493 --> 00:19:21,733
Mm-hmm.
462
00:19:23,183 --> 00:19:27,443
I still don't agree with it because I'm,
I'm biased toward my, our client, but
463
00:19:27,443 --> 00:19:31,643
it was a plausible result and it was the
result of rules and whether this was met
464
00:19:31,643 --> 00:19:33,443
or that was met and what the rule said.
465
00:19:33,743 --> 00:19:38,603
And, you know, it's sort of,
what's, what's the old saying?
466
00:19:38,603 --> 00:19:42,623
It's better for a hundred, uh, guilty men
to go free than an innocent man to be,
467
00:19:42,623 --> 00:19:44,183
or, you know, what, whatever that Yeah.
468
00:19:44,183 --> 00:19:45,953
That, that saying is, you kind of think
469
00:19:47,138 --> 00:19:49,913
Christine: it, it just, at least it
was a court of law and at least it was,
470
00:19:49,913 --> 00:19:51,918
there were, was a procedure the wrong
471
00:19:51,978 --> 00:19:56,363
Hugh: per the wrong person may win
and, and people may still be hurt
472
00:19:56,363 --> 00:20:01,043
by it, but I like, I mean, the kids,
the parent who doesn't have the kids'
473
00:20:01,043 --> 00:20:05,213
best interest at heart may win because
they present better, or deadlines are
474
00:20:05,213 --> 00:20:07,073
met or someone does discovery better.
475
00:20:07,073 --> 00:20:08,273
Someone pays a better attorney.
476
00:20:09,023 --> 00:20:09,653
That happens.
477
00:20:09,653 --> 00:20:14,273
But I still believe that the system
being consistent and having rules will
478
00:20:14,333 --> 00:20:18,558
ultimately get much better results
overall than the chaos we have now
479
00:20:18,558 --> 00:20:22,103
on the average than something that
is so completely unpredictable.
480
00:20:22,508 --> 00:20:28,718
That basically trains attorneys to
just do all kinds of things that
481
00:20:28,718 --> 00:20:32,678
you would never see in, in any
other court or any other setting.
482
00:20:32,678 --> 00:20:32,768
Mm-hmm.
483
00:20:33,008 --> 00:20:36,728
And I think last time we talked, uh,
like talked about an attorney that when
484
00:20:36,728 --> 00:20:39,338
I was trying to get a damning piece
of evidence in front of his client,
485
00:20:39,638 --> 00:20:42,188
the attorney would just swat it out
my hand and the papers would fly.
486
00:20:42,188 --> 00:20:44,858
I not really that, and I just,
we got stared at by the judge.
487
00:20:44,858 --> 00:20:46,208
I'd look up waiting for
her to do something.
488
00:20:46,208 --> 00:20:48,308
She didn't do it, grabbed another set.
489
00:20:48,308 --> 00:20:49,328
'cause I had three sets.
490
00:20:49,508 --> 00:20:51,788
Uh, you know, one was for the
judge, one was for my client, one
491
00:20:51,788 --> 00:20:53,048
was to give to the opposing side.
492
00:20:53,108 --> 00:20:55,328
And I go through all three
and he swats 'em all down.
493
00:20:55,328 --> 00:20:57,278
And there's just piles of
papers around just so I can't
494
00:20:57,278 --> 00:20:58,388
ask him questions about it.
495
00:20:58,748 --> 00:21:02,618
And, you know, no direction
to have your client answer the
496
00:21:02,618 --> 00:21:04,778
que It was just absolute chaos.
497
00:21:05,048 --> 00:21:08,018
And I, I just remember that day being
impactful to me, that's just like,
498
00:21:08,018 --> 00:21:12,758
no matter how well I'm prepared and
how I, I'm not gonna kick and scream.
499
00:21:12,758 --> 00:21:14,648
I'm gonna walk in there,
I'm gonna present the facts.
500
00:21:14,648 --> 00:21:15,638
I'm gonna follow the rules.
501
00:21:16,193 --> 00:21:16,673
Didn't matter.
502
00:21:16,673 --> 00:21:17,183
Doesn't matter.
503
00:21:17,483 --> 00:21:19,613
Christine: And your client,
that's the flip side of it too.
504
00:21:19,613 --> 00:21:24,653
Then you have to go and tell your client,
Hey, you just paid me $2,000 for today.
505
00:21:24,653 --> 00:21:26,333
$2,500 for prep.
506
00:21:26,543 --> 00:21:28,403
You know, I mean, et cetera, et cetera.
507
00:21:28,403 --> 00:21:28,703
That was every
508
00:21:28,703 --> 00:21:29,753
Hugh: $10,000 day.
509
00:21:30,053 --> 00:21:30,173
Yeah.
510
00:21:30,173 --> 00:21:34,013
But I, I continued representing
her for years after that.
511
00:21:34,013 --> 00:21:37,823
Uh, and I don't know that we ever went
back in front of the judge on anything.
512
00:21:37,823 --> 00:21:38,273
Majors did.
513
00:21:38,273 --> 00:21:38,543
She learned.
514
00:21:38,543 --> 00:21:40,133
We got, we got things done.
515
00:21:40,193 --> 00:21:41,063
Christine: Oh, you wanna
hear a funny story?
516
00:21:41,663 --> 00:21:43,493
I had a child support hearing one time.
517
00:21:43,493 --> 00:21:45,953
It was like, so basic and obvious.
518
00:21:46,293 --> 00:21:47,493
It's in front of a prior judge.
519
00:21:47,493 --> 00:21:51,933
I won't say their name, but my client
literally pushed the like silent button
520
00:21:52,203 --> 00:21:53,763
and said like, is this real life?
521
00:21:54,573 --> 00:21:55,413
Are we in a movie?
522
00:21:55,593 --> 00:21:59,793
Because it was just like, somehow we
were talking about he was owed child
523
00:21:59,793 --> 00:22:04,203
support and it got to where the 14
or 15 or 16-year-old child was maybe
524
00:22:04,203 --> 00:22:08,523
smoking marijuana allegedly, which was
not even remotely before the court.
525
00:22:08,703 --> 00:22:09,968
I actually don't, and not relevant to
526
00:22:09,968 --> 00:22:11,568
Hugh: child support in
any way, shape or form.
527
00:22:12,333 --> 00:22:12,589
Christine: And none.
528
00:22:12,594 --> 00:22:15,873
And also like it was allegations
that had happened, like when it was
529
00:22:15,873 --> 00:22:17,583
under a different parenting schedule.
530
00:22:17,583 --> 00:22:19,023
It was so bizarre.
531
00:22:19,113 --> 00:22:21,543
And he was one of my favorite,
he's one of my first clients ever.
532
00:22:21,763 --> 00:22:24,253
And I remember him being like,
I'll never go back in there.
533
00:22:24,253 --> 00:22:25,603
Like, I'm gonna listen to you forever.
534
00:22:25,603 --> 00:22:28,093
And I'm like, I told you, you don't
want these people making decisions.
535
00:22:28,493 --> 00:22:30,293
And that doesn't happen.
536
00:22:30,293 --> 00:22:34,103
It d in my experience and I'm gonna
give like, I'm gonna get, well, I
537
00:22:34,103 --> 00:22:36,173
don't know, maybe I'll wait to give
a shout out to one of the judges.
538
00:22:36,173 --> 00:22:37,103
I wanna see how much feedback.
539
00:22:37,103 --> 00:22:40,073
'cause I do know that, that this judge
in particular will get negative feedback.
540
00:22:40,373 --> 00:22:42,863
But in my experience was always
great, was always great to me,
541
00:22:42,863 --> 00:22:44,063
was always followed the law.
542
00:22:44,373 --> 00:22:45,423
Have you ever been held in contempt?
543
00:22:46,923 --> 00:22:51,123
Hugh: I have been told multiple
times that if I said another word,
544
00:22:51,183 --> 00:22:54,393
I would be in the room next door,
which is the holding chamber.
545
00:22:54,633 --> 00:22:58,653
And especially like over in, in, in
a lot of the counties, the courtrooms
546
00:22:58,653 --> 00:23:02,913
are all built the same to where even if
it's being used as a family court room,
547
00:23:03,153 --> 00:23:08,343
they're used to having inmates put in a
waiting room right outside the courtroom
548
00:23:08,343 --> 00:23:09,723
and then brought in by the deputy.
549
00:23:09,723 --> 00:23:11,703
So they will have this room holding cell.
550
00:23:11,703 --> 00:23:12,873
Yeah, holding cell
basically is what it is.
551
00:23:13,173 --> 00:23:14,133
I have been told that.
552
00:23:14,168 --> 00:23:15,028
Who are, you say?
553
00:23:15,028 --> 00:23:16,863
I actually, no, I'm trying to think.
554
00:23:18,303 --> 00:23:19,323
Oh man.
555
00:23:19,503 --> 00:23:22,653
Uh, judge Garvey, Kevin Garvey
did it one time and I don't know
556
00:23:22,683 --> 00:23:23,883
that he would've really done it.
557
00:23:23,883 --> 00:23:26,703
He outside of court was
one of my favorites.
558
00:23:26,703 --> 00:23:28,713
'cause he was a prankster
and he would do things.
559
00:23:28,713 --> 00:23:28,863
Yeah, I know.
560
00:23:28,863 --> 00:23:33,603
And he was, but man, I, I was always
afraid, afraid to be in front of him.
561
00:23:33,603 --> 00:23:35,673
But I remember him, he told
me that a couple times.
562
00:23:36,093 --> 00:23:41,343
I have been warned about it in a way
that I took as a, just a warning, not
563
00:23:41,343 --> 00:23:43,743
that I was, you know, close to it.
564
00:23:43,743 --> 00:23:47,643
I think that was in Mead County
early on and in front of a judge who
565
00:23:47,643 --> 00:23:48,993
was known for Lock Judge Miller up.
566
00:23:49,053 --> 00:23:49,953
No judge.
567
00:23:50,013 --> 00:23:50,793
Uh, I loved
568
00:23:50,883 --> 00:23:51,783
Christine: he rest in peace.
569
00:23:51,788 --> 00:23:52,028
I loved him.
570
00:23:52,083 --> 00:23:52,353
What was her
571
00:23:52,353 --> 00:23:52,683
Hugh: name?
572
00:23:53,193 --> 00:23:53,883
Embry.
573
00:23:54,573 --> 00:23:54,933
Christine: Ah, maybe
574
00:23:55,083 --> 00:23:58,713
Hugh: she, she had, uh, so two of
my colleagues had been arrested and
575
00:23:58,713 --> 00:24:02,433
whenever they went down there, uh, had
been arrested for contempt in her court.
576
00:24:02,643 --> 00:24:05,853
And they, they just had this thing,
if you were going down there, you told
577
00:24:05,853 --> 00:24:09,303
someone and you made sure they had access
to money so they could get you out.
578
00:24:09,633 --> 00:24:12,243
And I remember, uh, Steve Romines,
I think had been locked up down
579
00:24:12,243 --> 00:24:15,003
there for trying to correct the
judge, the same judge on something.
580
00:24:15,003 --> 00:24:15,603
And I think, uh, what a
581
00:24:15,603 --> 00:24:16,383
Christine: fabulous litigator
582
00:24:16,443 --> 00:24:20,853
Hugh: maybe, uh, pat Ren told me a similar
story, so I remember when I was going
583
00:24:20,853 --> 00:24:22,533
down there like that just shocked me.
584
00:24:22,533 --> 00:24:24,723
And he was like, oh, no,
that's a special case.
585
00:24:24,723 --> 00:24:27,363
They're not, you know, you're not
gonna encounter that in other places.
586
00:24:27,363 --> 00:24:29,883
That judge is just known
for that kind of stuff.
587
00:24:29,883 --> 00:24:31,188
Yeah, I, I've never been
threaten with contempt.
588
00:24:31,563 --> 00:24:31,623
Uh,
589
00:24:32,403 --> 00:24:34,503
Christine: there was a time I
should have been held in contempt.
590
00:24:34,503 --> 00:24:36,303
It was right before I
quit public defending.
591
00:24:36,723 --> 00:24:41,683
Um, right after that SA trial there was
a prosecutor, we'd made a deal and the
592
00:24:41,683 --> 00:24:43,003
judge was like, I'm not taking this deal.
593
00:24:43,003 --> 00:24:45,973
It was like she was probably a
PFO and, uh, should have been more
594
00:24:45,973 --> 00:24:47,593
time, but we got a misdemeanor plea.
595
00:24:47,863 --> 00:24:51,463
And the prosecutor was like, I'll tell
you, judge, why we made this deal,
596
00:24:51,463 --> 00:24:52,783
but I don't wanna tell Christine.
597
00:24:53,053 --> 00:24:54,553
And I was like, is this real life?
598
00:24:54,583 --> 00:24:55,903
Like in the middle of motion hour?
599
00:24:56,353 --> 00:24:58,753
And like the judge looked at
the prosecutor like, you idiot.
600
00:24:58,753 --> 00:24:59,983
You, you know?
601
00:24:59,983 --> 00:25:01,693
And I was like, no,
seriously, is this real life?
602
00:25:01,933 --> 00:25:04,453
And like everyone was just like
ignoring me, kind of, you know?
603
00:25:04,453 --> 00:25:06,673
And then I was like, is this real life?
604
00:25:06,673 --> 00:25:09,613
Like, I was just at my point
and the judge took the police,
605
00:25:09,613 --> 00:25:10,753
so it worked for my client.
606
00:25:10,973 --> 00:25:14,483
Hugh: But I mean, still, what, what
can a judge, I mean, what, what can
607
00:25:14,483 --> 00:25:17,483
you say in that point where it is
just obvious what just happened?
608
00:25:17,513 --> 00:25:18,803
Christine: Well, also it could be, I mean.
609
00:25:20,138 --> 00:25:23,048
It could mean a plethora of things
for my client as far as like, what
610
00:25:23,048 --> 00:25:24,368
does that mean from the community.
611
00:25:24,368 --> 00:25:28,898
Seeing that on the record as far as like,
you know, this prosecutor was an idiot,
612
00:25:29,198 --> 00:25:33,788
um, but like insinuating that potentially
that person was a confidential informant,
613
00:25:33,788 --> 00:25:35,108
which certainly was not the case.
614
00:25:35,108 --> 00:25:38,438
I represented them, but just the
way that, first off, it's ex parte.
615
00:25:38,438 --> 00:25:39,368
Obviously you can't do it.
616
00:25:39,398 --> 00:25:42,638
Like that's basic, basic, basic, but
just the notion of what you explain
617
00:25:42,638 --> 00:25:43,028
Hugh: ex parte.
618
00:25:43,653 --> 00:25:48,423
Christine: Ex parte is the judge
cannot talk to anybody on the
619
00:25:48,423 --> 00:25:50,313
case without everybody present.
620
00:25:50,523 --> 00:25:52,263
And by that I mean parties.
621
00:25:52,263 --> 00:25:52,398
Parties and,
622
00:25:52,618 --> 00:25:53,318
Hugh: and or attorneys.
623
00:25:53,323 --> 00:25:53,433
Yeah.
624
00:25:53,433 --> 00:25:53,583
So
625
00:25:53,583 --> 00:25:55,053
Christine: like everybody
present in the case.
626
00:25:55,053 --> 00:25:58,083
So like if you're getting a divorce
and there's mom and dad are getting a
627
00:25:58,083 --> 00:26:03,483
divorce, the judge has can't talk to mom's
attorney without dad's attorney if they're
628
00:26:03,483 --> 00:26:05,673
pro se can't talk to mom without dad.
629
00:26:05,953 --> 00:26:10,423
Very, very, very minimal exceptions
as far as like scheduling details.
630
00:26:10,423 --> 00:26:10,513
Sure.
631
00:26:10,543 --> 00:26:14,083
Or reaching out, Hey, I need an
address so I can send you this order.
632
00:26:14,083 --> 00:26:14,233
Oh yeah.
633
00:26:14,233 --> 00:26:16,933
That's not, procedural stuff
is not considered ex parte.
634
00:26:16,933 --> 00:26:17,173
You're not
635
00:26:17,178 --> 00:26:18,223
Hugh: discussing the case.
636
00:26:18,223 --> 00:26:18,913
But it has to be the
637
00:26:18,913 --> 00:26:20,893
Christine: merits of the
case, facts of the case.
638
00:26:21,113 --> 00:26:25,373
And this is this is a rule that's
so basic that, you know, Magneto
639
00:26:25,373 --> 00:26:27,863
and my 14-year-old puppies watched
court enough during Zoom court that
640
00:26:27,863 --> 00:26:29,303
he understands what ex parte means.
641
00:26:29,303 --> 00:26:33,413
You know, anyone with a law license that
doesn't understand it should, should
642
00:26:33,413 --> 00:26:34,853
be barred from the practice of law.
643
00:26:35,153 --> 00:26:38,423
But yet I'd say I think it's
happening more than we think.
644
00:26:38,698 --> 00:26:39,278
Hugh: Oh, it happens.
645
00:26:39,598 --> 00:26:40,643
I know that it's happening.
646
00:26:40,648 --> 00:26:40,678
Mm-hmm.
647
00:26:40,758 --> 00:26:41,158
I mean, I've had.
648
00:26:42,448 --> 00:26:47,068
I mean, I've, I've seen it on video
and I, I've had, um, other judges
649
00:26:47,068 --> 00:26:52,468
when I brought the behavior of some
judges to other judges, you know, the
650
00:26:52,468 --> 00:26:56,248
reaction is, is always frustration.
651
00:26:56,248 --> 00:26:56,338
Mm-hmm.
652
00:26:56,578 --> 00:26:59,128
Being very upset that it's
happening, but it's never shock.
653
00:26:59,488 --> 00:27:02,428
And it's sort of, you know, it's,
it's always clear to me like,
654
00:27:02,458 --> 00:27:05,608
oh yeah, this isn't, they know
that this isn't an ongoing issue.
655
00:27:05,708 --> 00:27:05,888
Ugh.
656
00:27:06,068 --> 00:27:09,998
I just, I just remembered, I, I
have at one time been so sure I
657
00:27:09,998 --> 00:27:12,848
was going to be held in contempt
because I was not going to back off.
658
00:27:12,848 --> 00:27:14,828
I was not gonna let a hearing happen.
659
00:27:14,828 --> 00:27:19,448
And it was a case where, and this has
happened a whole bunch to me in the last
660
00:27:19,448 --> 00:27:24,338
two, three years of my career, where
I would be intervening in a case clear
661
00:27:24,888 --> 00:27:29,628
grounds for intervention necessary,
uh, party for intervention and.
662
00:27:30,828 --> 00:27:33,678
Judge, you know, a judge will say,
well, that was filed after we had
663
00:27:33,678 --> 00:27:36,378
already scheduled this hearing, so
we're gonna have the f final hearing
664
00:27:36,378 --> 00:27:40,198
on the merits before, and then I'll
consider your motion to intervene.
665
00:27:40,198 --> 00:27:40,558
It's like, you
666
00:27:40,858 --> 00:27:41,753
Christine: can't, that's not how it works.
667
00:27:41,933 --> 00:27:42,153
And
668
00:27:42,153 --> 00:27:43,348
Hugh: it's, the rules are very clear.
669
00:27:43,558 --> 00:27:46,198
But it was one of those things, and
I wasn't gonna let it happen because
670
00:27:46,198 --> 00:27:51,298
it was gonna let them decide where
a child left that lived without my
671
00:27:51,298 --> 00:27:54,868
client, who had raised a child for
two and a half years exclusively.
672
00:27:55,348 --> 00:27:58,708
And which ultimately I ended up losing.
673
00:27:58,708 --> 00:28:02,218
The kid was ripped away from my
client, but I went to court, I
674
00:28:02,218 --> 00:28:04,228
think I had 2,500 bucks in cash.
675
00:28:04,328 --> 00:28:09,578
I expected that if I was held in contempt,
then I could say, okay, what's the purge?
676
00:28:09,578 --> 00:28:12,188
And they would tell me, and I would
just gladly take the stack out, hand
677
00:28:12,188 --> 00:28:15,578
it to 'em and say, best money I've
ever spent, sit back down and continue
678
00:28:15,578 --> 00:28:21,008
being, uh, you know, like arguing,
you know, the correct point Yeah.
679
00:28:21,248 --> 00:28:22,478
Professionally, but that.
680
00:28:22,868 --> 00:28:25,808
I was gonna be held in contempt and I had
more cash so I could be held in contempt
681
00:28:25,808 --> 00:28:27,308
again and just immediately go back.
682
00:28:27,308 --> 00:28:33,038
But I was so sure that I just had a fat
stack of cash in my, in my, uh, jacket.
683
00:28:33,308 --> 00:28:36,218
And unfortunately with the way it
happened, as I showed up and they
684
00:28:36,218 --> 00:28:39,548
said, well, you, uh, because your
intervention hasn't been granted, you
685
00:28:39,548 --> 00:28:42,398
don't represent a party in here and this
hearing's gonna go forward without you.
686
00:28:42,398 --> 00:28:43,118
It's public.
687
00:28:43,538 --> 00:28:45,398
You know, you've, you've
already been involved in this.
688
00:28:45,398 --> 00:28:47,978
You can sit in the back, but you're not
allowed to speak or ask any questions.
689
00:28:47,978 --> 00:28:50,768
And my client and I just had to sit
there and watch them have a whole trial
690
00:28:51,008 --> 00:28:53,108
where the other side put on testimony.
691
00:28:53,108 --> 00:28:55,178
And no, the GAL didn't cross.
692
00:28:55,428 --> 00:28:57,018
Nobody asked any questions.
693
00:28:57,018 --> 00:28:58,128
It was just this perfunctory.
694
00:28:58,128 --> 00:28:58,613
And you went on appeal.
695
00:28:59,313 --> 00:28:59,653
Oh yeah.
696
00:28:59,868 --> 00:29:05,388
One on appeal, but, uh, well on that
one, we are still in the middle.
697
00:29:05,388 --> 00:29:08,958
We recently won an appeal on
an issue of the intervention.
698
00:29:09,248 --> 00:29:13,778
So it is now back down to that judge
again, but the whole thing isn't won yet.
699
00:29:13,808 --> 00:29:14,858
We're getting to go.
700
00:29:15,443 --> 00:29:17,813
Back many years later
and try the same thing.
701
00:29:17,813 --> 00:29:22,013
But at that point, my client still hasn't,
now, hasn't seen the child in many years.
702
00:29:22,043 --> 00:29:24,803
I mean, I don't know that the child
really has a lot of memories over.
703
00:29:24,803 --> 00:29:26,508
I mean, it's, I mean,
it's really devastating.
704
00:29:26,513 --> 00:29:27,683
Really, really devastating.
705
00:29:27,953 --> 00:29:32,423
But I, I was just like, you know what
I, I told my wife what was going on.
706
00:29:32,423 --> 00:29:32,424
Mm-hmm.
707
00:29:32,468 --> 00:29:33,353
So she was ready.
708
00:29:33,353 --> 00:29:36,803
We, she had, um, talked to one of
my, either one of my partners, one
709
00:29:36,803 --> 00:29:39,593
of my colleagues to be ready if
they needed to help get me out.
710
00:29:39,593 --> 00:29:41,093
And it was just like one of
those things, it's like, you're
711
00:29:41,093 --> 00:29:42,293
not talking me out of it.
712
00:29:42,293 --> 00:29:43,763
I'm not going to let this happen.
713
00:29:43,763 --> 00:29:45,443
If there's any way that I can stop it.
714
00:29:45,878 --> 00:29:47,798
By the rules professionally.
715
00:29:48,008 --> 00:29:48,308
Yeah.
716
00:29:48,308 --> 00:29:50,078
If it means I get held
in contempt, so be it.
717
00:29:50,078 --> 00:29:52,058
I'm gonna carry some cash
so I can try to get out.
718
00:29:52,388 --> 00:29:55,868
Christine: I had a family member when
we went down to court, was like, they're
719
00:29:55,868 --> 00:29:57,278
gonna put you in jail one of these days.
720
00:29:57,278 --> 00:29:58,358
And I don't think they will.
721
00:29:58,358 --> 00:30:00,368
That would be insane for me
walking through a courthouse.
722
00:30:00,368 --> 00:30:04,218
But they were like, I got bail money,
you know, and obviously I would never do
723
00:30:04,218 --> 00:30:05,928
anything in inappropriate in a courtroom.
724
00:30:05,928 --> 00:30:07,308
I would never try to cause a scene.
725
00:30:07,308 --> 00:30:07,578
I, I've
726
00:30:07,578 --> 00:30:11,448
Hugh: seen it happen because judges
arguing points on evidence and the
727
00:30:11,448 --> 00:30:14,208
attorney's correct and the judge
is wrong, and they've, they've
728
00:30:14,208 --> 00:30:18,378
just, the judges ruled and the
attorneys, you know, once the rulings
729
00:30:18,378 --> 00:30:19,518
there, you don't argue anymore.
730
00:30:19,518 --> 00:30:23,343
But when it's so blatant, sometimes
you're just being an advocate
731
00:30:23,388 --> 00:30:24,648
and you continue to argue.
732
00:30:24,648 --> 00:30:28,068
So they're continuing to argue
correctly and they get locked up for it.
733
00:30:28,998 --> 00:30:30,468
Christine: The best I've ever seen.
734
00:30:30,468 --> 00:30:35,928
This is on video and this is a great way
to sort of end, um, is I saw, I watched
735
00:30:35,928 --> 00:30:40,728
a video recording, it was just audio at
the time, but the attorney said, the, the
736
00:30:40,728 --> 00:30:42,348
judge kept saying, no, no, no, I've ruled.
737
00:30:42,348 --> 00:30:42,798
I've ruled.
738
00:30:42,798 --> 00:30:46,278
And the attorney said, with all due
respect, your Honor, at this point
739
00:30:46,278 --> 00:30:48,048
I'm speaking to the court of appeals.
740
00:30:48,228 --> 00:30:48,348
Oh yeah.
741
00:30:48,378 --> 00:30:50,120
And then da da da.
742
00:30:50,125 --> 00:30:52,548
And I was like, that is
a great way to say it.
743
00:30:52,578 --> 00:30:56,418
'cause you preservation is such that
it has to be a part of the record.
744
00:30:56,598 --> 00:31:00,378
And yeah, we've got to figure out a
way, and I know we've talked about all
745
00:31:00,378 --> 00:31:03,648
the different kind of segments, but,
um, I've got so many dms, but we've got
746
00:31:03,648 --> 00:31:07,638
to find a way to just kind of give our
legal observation and to sort of assist
747
00:31:07,638 --> 00:31:11,628
some people, not with legal advice
obviously, but just, hey, this is the
748
00:31:11,628 --> 00:31:17,088
steps that will, you know, guarantee, uh,
an outcome that may be helpful to you.
749
00:31:17,178 --> 00:31:17,538
You know?
750
00:31:17,628 --> 00:31:17,898
Hugh: Yeah.
751
00:31:17,898 --> 00:31:20,928
I mean, it's, it's not, not even
guaranteeing any kind of an outcome,
752
00:31:20,928 --> 00:31:22,548
but this, it doesn't foreclose.
753
00:31:22,983 --> 00:31:23,073
Yes.
754
00:31:23,343 --> 00:31:26,973
Future avenues for you to
actually get justice or to get
755
00:31:26,973 --> 00:31:28,203
your case ruled on correctly.
756
00:31:28,203 --> 00:31:33,063
And, and, and, and what, what she's
referring to is there are certain
757
00:31:33,063 --> 00:31:36,903
types of issues that cannot be appealed
if you don't preserve your objection
758
00:31:36,903 --> 00:31:38,733
on the record during the proceeding.
759
00:31:38,733 --> 00:31:38,823
Mm-hmm.
760
00:31:39,063 --> 00:31:42,213
And there are great many things
in the law that people that don't
761
00:31:42,213 --> 00:31:43,623
have attorneys don't understand.
762
00:31:43,623 --> 00:31:43,683
Yeah.
763
00:31:43,683 --> 00:31:47,043
But I find that many attorneys
don't understand that.
764
00:31:47,043 --> 00:31:52,383
And the way that the judges rule
and the way that they will sometimes
765
00:31:52,383 --> 00:31:56,443
rule in a way that's like, okay, I'm
ruling you're gonna be quiet now they
766
00:31:56,503 --> 00:32:01,093
dissuade people from making the correct
objection and continuing to object.
767
00:32:01,093 --> 00:32:05,593
So there's also you can object once
the judge makes clear they're not,
768
00:32:05,623 --> 00:32:08,053
they don't believe that there's
anything objectionable about it.
769
00:32:08,053 --> 00:32:11,683
And then more and more stuff comes out
under that same vein and you don't object
770
00:32:11,683 --> 00:32:14,473
anymore 'cause you've been shot down in
a way that makes you think you're gonna
771
00:32:14,473 --> 00:32:15,793
get in trouble if you say anything else.
772
00:32:16,303 --> 00:32:17,578
But then you can't appeal
'cause that's a waiver.
773
00:32:17,578 --> 00:32:19,363
Yout object to those things
in, there's a waiver.
774
00:32:20,023 --> 00:32:23,713
The attorneys that learn, you know,
you get burned once and then you
775
00:32:23,713 --> 00:32:28,033
start doing judge, you know, uh, can
we recognize that I have a standing
776
00:32:28,033 --> 00:32:31,693
objection on hearsay to everything
related to this document so I don't have
777
00:32:31,693 --> 00:32:34,453
to interrupt the testimony and Sure.
778
00:32:34,453 --> 00:32:36,253
Counsel, I will note
the standing objection.
779
00:32:36,253 --> 00:32:39,133
You're not waiving that objection, but
we can sort of go through this testimony.
780
00:32:39,133 --> 00:32:39,853
'cause I've already ruled.
781
00:32:39,883 --> 00:32:43,903
I, I appreciate that because it, you don't
have to sit there and argue the objection
782
00:32:43,903 --> 00:32:45,163
and get matter and matter and matter.
783
00:32:45,163 --> 00:32:47,503
And I, I don't have a judge that's
so frustrated with me that by the
784
00:32:47,503 --> 00:32:50,593
time I'm presenting my client's case,
yeah, they're already done with me.
785
00:32:50,953 --> 00:32:53,203
And it, it's, I think,
better for my client.
786
00:32:53,233 --> 00:32:56,383
But you just wouldn't know to do that.
787
00:32:56,383 --> 00:32:59,983
And most attorneys early in their
career wouldn't, wouldn't dare
788
00:32:59,983 --> 00:33:02,384
when asked out of a judge who
already seems frustrated with him.
789
00:33:02,389 --> 00:33:02,598
Mm-hmm.
790
00:33:02,683 --> 00:33:03,433
And they will just.
791
00:33:04,528 --> 00:33:07,438
I mean, the ruling could be completely
wrong on every single way, and you could
792
00:33:07,438 --> 00:33:10,408
preclude yourself from being able to
appeal it or do anything about it later.
793
00:33:10,648 --> 00:33:11,248
Christine: Absolutely.
794
00:33:11,458 --> 00:33:15,298
And remember, judge e, judge y.com.
795
00:33:15,298 --> 00:33:18,268
Please go tell us your
stories, judge y.com.
796
00:33:18,538 --> 00:33:20,188
We've gotten so many responses.
797
00:33:20,188 --> 00:33:22,228
It's not, we haven't
gotten back to people yet.
798
00:33:22,228 --> 00:33:24,148
Right now, where you're just
in the collecting phase.
799
00:33:24,358 --> 00:33:27,388
We are working on building the
website, building the app, but
800
00:33:27,388 --> 00:33:28,228
we wanna hear your stories.
801
00:33:28,228 --> 00:33:29,368
We appreciate it so much.
802
00:33:29,578 --> 00:33:31,618
You can turn that
confidentiality button on.
803
00:33:31,618 --> 00:33:36,448
Also, if you're an attorney, you can
say that you're attorney judge y.com.
804
00:33:36,508 --> 00:33:36,658
Hugh: Yep.
805
00:33:36,808 --> 00:33:38,428
We will protect everyone's identity.
806
00:33:38,428 --> 00:33:41,458
We are not in the business of no
snitching, and we don't need it.
807
00:33:41,998 --> 00:33:46,828
We honestly don't need, uh, we don't need
the identity sign on under a fake name.
808
00:33:46,828 --> 00:33:50,518
We, we, we ask that there's a way that
we can communicate with you, but we do
809
00:33:50,518 --> 00:33:55,798
not have any desire to out any sources
of information, and we certainly don't
810
00:33:55,918 --> 00:34:00,148
have any plans to post anything that
we have not verified and looked into.
811
00:34:00,148 --> 00:34:01,529
Judge is going to, yeah.
812
00:34:01,943 --> 00:34:03,353
Investigate these things.
813
00:34:03,683 --> 00:34:06,713
Uh, the stories that people tell us
are just leading us in the direction
814
00:34:06,713 --> 00:34:08,362
to look to see what's there.
815
00:34:08,453 --> 00:34:08,632
Yep.
816
00:34:08,632 --> 00:34:08,993
And judgy
817
00:34:08,993 --> 00:34:11,393
Christine: starting in Louisville,
but we wanna know where judgy
818
00:34:11,393 --> 00:34:13,013
is needed most elsewhere.
819
00:34:13,072 --> 00:34:13,283
Hugh: Yep.
820
00:34:13,463 --> 00:34:14,033
Absolutely.
821
00:34:14,243 --> 00:34:14,963
Christine: Thank y'all.
822
00:34:14,993 --> 00:34:15,683
Have a great day.
823
00:34:16,947 --> 00:34:21,027
Next time we discuss who writes the
orders, judges or staff attorneys.
824
00:34:21,328 --> 00:34:24,538
Also, we make a new bet this
time involving martinis./
825
00:34:24,538 --> 00:34:25,018
Next call.
826
00:34:25,018 --> 00:34:27,223
We need some justice, justice, justice.
827
00:34:27,658 --> 00:34:29,038
And I wanna ring bells in public.
828
00:34:29,398 --> 00:34:31,768
I wanna ring bes in public nor crowd.
829
00:34:31,828 --> 00:34:33,663
Yeah, but I To the fo Yeah.
830
00:34:33,862 --> 00:34:35,422
I To the fo Yeah.
831
00:34:35,503 --> 00:34:39,143
I to the fo fo teaser.