Episode 44 – The JudgeMental Podcast
In this episode of The JudgeMental Podcast, Christine and Hugh dive deep into the question: Should there be a public defender’s office—or its equivalent—in family court? They explore the differences between criminal and family court representation, the constitutional rights at stake for parents, and the real-world impact of not having independent legal counsel in family law cases.
The hosts discuss:
The current system of court-appointed attorneys in family court and its potential pitfalls.
Why the independence of legal representation is crucial, especially when judges or government agencies are involved in appointing attorneys.
The high cost of private legal representation in contentious custody and divorce cases, and how even judges themselves might not be able to afford such battles.
The challenges faced by pro se litigants (those representing themselves), including inconsistent and sometimes unclear court rules, and the way judges interact with them.
The importance of accountability, checks and balances, and protecting fundamental constitutional rights in family court.
Christine and Hugh also share anecdotes from their own experiences, including stories of problematic courtroom behavior and the difficulties faced by those without legal representation. They highlight the need for systemic reform and encourage listeners to consider what’s truly important when it comes to protecting parental rights.
Call to Action:
Have a story to share about your experience in family court? Submit your stories at judge-y.com.
Check out court proceeding clips and more on their YouTube channel: judge-y (handle: judging the judges).
Disclaimer:
The content of this podcast is for informational and entertainment purposes only and should not be construed as legal advice. For specific legal concerns, always consult a qualified attorney.
Listen now on the judge-y app or at judge-y.com!
LEGAL DISCLAIMER
The content of this podcast is for informational and entertainment purposes only. It is not intended to be, and should not be construed as, legal advice. Engaging with this content does not create an attorney-client relationship between you and the hosts, guests, or their firms. The views and opinions expressed on this podcast are solely those of the individuals involved and do not necessarily reflect the official policy or position of any law firm, company, or organization. We make no representations or warranties regarding the accuracy, completeness, or applicability of the information presented. Any reliance on the information in this podcast is at your own risk. Laws are constantly changing, and every situation is unique. You should always seek the advice of a qualified attorney for your specific legal concerns.
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: All right.
13
:Do we need a public defender's office
or the equivalent of in family court?
14
:Hugh: I mean, philosophically,
I don't know what's different in
15
:regular civil family court than.
16
:Other cases where you are
entitled to counsel, such as the D
17
:dependency, neglect and abuse docket.
18
:Yep.
19
:Which is not criminal, but by
statute, because your parental rights
20
:are at stake, they make provisions
for court appointed attorneys.
21
:And whether it's I mean they don't
use a public defender, independent
22
:attorneys, they use each division
has a list of attorneys that
23
:take appointments in that case.
24
:Yeah.
25
:And I know there's actually, our
previous governor made a big deal out
26
:of that and wanted attorneys that were
not within that division on some of
27
:those cases, but also wanted that to
be controlled by the cabinet, which I
28
:think is problematic in and of itself.
29
:But yeah, this is, this has
been something that's going on.
30
:I just don't know why.
31
:If a judge can take custody of your
child or, you know, as we see, even
32
:if they don't take custody, they can
restrict you from having any contact
33
:with your child and they can do it.
34
:Over virtually nothing as we saw in Yep.
35
:You know, , the court of appeals found
that Judge Ogden failed to find any, re
36
:any right reason under the law, why she
restricted a father from seeing his kids.
37
:Why you shouldn't be afforded.
38
:An attorney,
39
:Christine: I think, to
protect your rights.
40
:Well, I think , the test should
be whether or not that there's
41
:a fundamental constitutionally
protected right that's in danger.
42
:Agreed.
43
:And your right, agreed to
parent is a fundamentally
44
:protected constitutional right.
45
:Yeah.
46
:And you know, Gideon, when Gideon
happened, which is the Supreme Court
47
:case that allowed, or that created
essentially the public defender's
48
:office or the requirement that you
were entitled to counsel, if you were
49
:looking, if you were charged with a crime.
50
:It's because the system had got
cocky, you know what I mean?
51
:And they were treating
pro se people like shit.
52
:And I will tell you that you see
that so much in family court.
53
:Hugh: It is true.
54
:Christine: It's the way, first
off, the way that these judges
55
:speak to pro se people would
literally shock y'all if you see it.
56
:And we're gonna start posting some of
57
:Hugh: them.
58
:Christine: Yes, yes, yes.
59
:Oh, of course.
60
:Hugh: Some of them, some of them are.
61
:I mean, , we've given credit to judges.
62
:We've sat in, in, in a motion hour and
talked about how good people were dealing
63
:with pro se stuff , and explaining
the process and then things like that.
64
:So,
65
:Christine: and in explaining the
process, explaining the court's process.
66
:Yeah, because there's also, you have to
think at this from every different angle.
67
:The judge.
68
:Has to comply with the judge's ethics.
69
:And ethically speaking, a
judge cannot give legal advice.
70
:Hugh: No, absolutely not.
71
:Christine: So then you have the dichotomy
where they're explaining things or
72
:explaining how they handle their
docket, and then you have a person who's
73
:constitutionally protected rights is
being affected or maybe affected you know,
74
:probably taking that to some degree as
legal advice when the reality is there
75
:could be so many other legal options.
76
:And legal options for that
person that they're unaware of.
77
:Hugh: Yeah, I mean, most of what
I was referring to that , we've
78
:noticed was, was really how.
79
:We've seen some judges conduct
motion hour and explain that.
80
:Christine: Yeah, yeah, yeah.
81
:Hugh: Why they're calling
attorneys cases first.
82
:They're not doing that because the pro se
ones aren't important, but sometimes they
83
:need more help, or not more help, but more
time because they don't have an attorney
84
:there to argue it and that the attorneys
have to get to like that kind of stuff.
85
:That's not legal advice.
86
:Now I know exactly what
you're talking about.
87
:Mm-hmm.
88
:I've had so many cases, which was
especially true on the domestic violence
89
:docket, where you have a pro se person.
90
:Bringing the petition and the judges
will really step way over into giving
91
:legal advice a hundred percent and
telling them what to do or arguing
92
:with them if they come in and say,
this is what I would like to do,
93
:trying to dissuade them from doing it.
94
:Christine: And let's step back
earlier you said, so our dependency,
95
:neglect, and abuse docket.
96
:You are entitled to an attorney.
97
:Yes.
98
:And you mentioned earlier that
there's been some political drama
99
:as far as how this list is created,
but like, let's take a step back.
100
:I don't believe the cabinet should be
in charge of picking the attorneys to
101
:represent, but I sure as shit don't think
that the judges should be in charge of
102
:the attorneys that appear before them.
103
:Yeah.
104
:Because that's advantageous for the
judge to pick somebody that's just
105
:not gonna give them any problems.
106
:Hugh: Yeah.
107
:And I don't know that that's really
what's happening or like that was the
108
:motivation for picking, but it just.
109
:Forms the system where it's just
the cases tend to get treated
110
:the same way, and it's just.
111
:This whole,
112
:Christine: I don't
113
:Hugh: know.
114
:Well,
115
:Christine: I don't, the, these
attorneys on the dependency, neglect
116
:and abuse docket, and this docket
requires one day of work a week.
117
:Obviously, if there are trials, they
may be scheduled on another day.
118
:And this can be things that would cause
you to literally lose your child, right?
119
:Oh yeah.
120
:I mean, they, and then
121
:Hugh: they see some of the worst stuff.
122
:Mm-hmm.
123
:I mean.
124
:Some of the stuff that is people
that should never be in the system
125
:whatsoever, but then the really, really
bad stuff goes through the same system.
126
:Christine: A hundred
127
:Hugh: percent.
128
:The worst kinds of abuse and physical
injury and neglect and things like that.
129
:Yeah,
130
:Christine: and let me be crystal,
crystal clear when I say there are people
131
:that deserve to lose their children.
132
:There are people that deserve to lose.
133
:Oh yeah.
134
:Access to their children.
135
:There are people that deserve
to have their fundamentally
136
:protected constitutional, right.
137
:Restricted, yes.
138
:Just like there are people that
deserve to be incarcerated.
139
:That being said, it's.
140
:, The Constitution, you've got to comply
with those rights and treat them.
141
:This is the United States of America.
142
:Hugh: Yes,
143
:Christine: but the problem with the judges
picking their attorneys, it would be
144
:like if you were charged with a crime and
you were appearing before the judge and
145
:you couldn't afford an attorney, would
you want the attorney to pick the person
146
:that was appointed to represent you?
147
:Question the system, the attorney that
goes out to lunch with the judge, the
148
:attorney that has access to the back,
or would you want an independent body
149
:that's gonna stand up for your rights?
150
:Hugh: No, , I agree with that.
151
:, I think coming in.
152
:I mean, I've represented enough people
who started off, they were either third
153
:party caretakers who aren't entitled
under our statutes in dependency, neglect
154
:and abuse cases to have an attorney
155
:mm-hmm.
156
:Or have been working with a court
appointed attorney and decided they needed
157
:to save up and pay for a private attorney.
158
:Because of their impression of
how the system was working and
159
:how it was, don't rock the boat.
160
:And the person that was appointed was
not really protecting them all that
161
:well and was just sort of playing nice
with everyone and not listening to them.
162
:And I, I mean, I think
there's, there's definitely a.
163
:It was always my perception when
I went in as a private attorney
164
:in there that you know, there's a
collective groan that, oh no, the
165
:people might actually do discovery.
166
:Yep.
167
:And they might actually make us do things
or remember the names of the kids we're
168
:talking about, or something like that.
169
:Mm-hmm.
170
:And it's so absolutely.
171
:If I were for some reason.
172
:Put in the place where my
kids were in that system.
173
:Yeah, I would absolutely want
somebody that's independent
174
:and outside of that system.
175
:Christine: And the other thing, just
the way that these judges in Jefferson
176
:County in particular handle their
dependency, neglect, and abuse docket.
177
:A private attorney is going
to be exorbitant because there
178
:is no scheduled time for these
hearings, so you're gonna be there.
179
:Yep.
180
:You know, like for example, the
TikTok judge, you know, if her docket
181
:starts at eight 30, an attorney
hypothetically could be there at eight 30.
182
:You know, she arrives 10, 10 30.
183
:So that's already two billable hours.
184
:And then that case may
not be called till 3:00 PM
185
:Hugh: Yeah, that's right.,
186
:I've appeared on the.
187
:Mor on a morning docket, maybe not
eight 30, like the nine o'clock
188
:you're supposed to be there.
189
:And , I've waited through lunch to come
back in the afternoon before the case
190
:is called, even on something routine,
just because it's a packed docket.
191
:Mm-hmm.
192
:And, and you know, I, , it was
very expensive for my clients.
193
:Yeah.
194
:And , they know when someone was
hiring me on one of those cases, I was
195
:very blunt that these things involve.
196
:Tons of standing around.
197
:Mm-hmm.
198
:Sitting around.
199
:And they're the kind of things that
every now and then there was something
200
:routine you could appear remotely.
201
:But I would always tell my clients,
you don't want me to do that?
202
:'cause everyone else is standing around.
203
:Mm-hmm.
204
:Waiting and they're all
talking about the case.
205
:Yep.
206
:And you're not involved
in those communications.
207
:If you're remote, you can be.
208
:But I have been completely left out of
those enough times to where they would
209
:decide what to do and then I would, I
would call someone's cell phone and say,
210
:Hey, is this case ever gonna be called?
211
:Oh yeah, yeah, yeah.
212
:Sorry, we forgot to tell you
this is what we decided to do.
213
:And I'm like, that's.
214
:You don't get to decide what to
do on a case where my client has
215
:a say in, in what's going on,
216
:Christine: and not even that decide.
217
:You don't have the right to speak about
the case with another attorney without
218
:me participating in the conversation.
219
:Right.
220
:Hugh: No, that's, , that's right.
221
:Exparte, or go in front of the
judge and put something, you know,
222
:oftentimes they will write something
up, put it before the judge.
223
:The judge will just read it
into the record, and there
224
:won't be any formal proceeding.
225
:It's called a reading.
226
:We'll do that with half
the people there or less.
227
:Yeah.
228
:And so.
229
:I agree.
230
:I mean, it seems like, and I know
that there was a big push to have.
231
:A change to the way the system works
with the court appointed attorneys.
232
:And I was not in disagreement with
that, but doing it through the cabinet
233
:made no sense because the cabinet Yeah.
234
:Is an adverse party to a lot of these.
235
:Absolutely.
236
:You know, 'cause the cabinet will take
custody of a child, take children,
237
:child and the parents are effectively
from a legal standpoint, trying to
238
:win custody back from the cabinet.
239
:So if the.
240
:If the state has an interest
in the custody of the kids and
241
:they're going to actually hire
the attorney, that it's insane.
242
:Yeah.
243
:That that made no sense, and I
think that's why that whole idea
244
:died, but it leaves us with a
system that isn't working very well.
245
:Yeah.
246
:But you know, at least in that
system, there are attorneys
247
:representing most interests.
248
:Yeah, yeah, yeah.
249
:Now, again, temporary custodians,
people that actually have legal custody
250
:of a child, they're granted legal
custody of a child in these cases.
251
:They have a legal right at that point.
252
:Right, right.
253
:And they have no right to an
attorney even within that system.
254
:Well, but in the private cases,
normal divorces, custody actions,
255
:there's no right whatsoever.
256
:Christine: Well, and then just really
quick on the dependency, neglect, and
257
:abuse docket, I wonder because these
attorneys are making 500 bucks a pop, but
258
:just from a cost standpoint, as much of
the dependency, neglect, and abuse like.
259
:Having a public defender that was
salaried, that's completely independent,
260
:it may be more cost effective and
then to, you know, transfer over
261
:to just your normal circuit court,
which is custody or divorce actions.
262
:Legal aid can't handle many cases.
263
:You know, legal aid does a hell
of a job for the most part.
264
:And
265
:Hugh: Oh yeah, but they, they are.
266
:They can't handle the case?
267
:No.
268
:The types of cases they take on.
269
:'cause they're just, they
don't have the resources?
270
:Christine: No, they're
not funded for that.
271
:Like, they're not in any
capacity to handle people
272
:that can't afford an attorney.
273
:Hugh: Man, they, yeah,
they do a hell of a job.
274
:I mean, the mediations and different
things that they do to keep people from
275
:having to go through the system, they save
a lot of, a lot of trouble for people.
276
:But they, you can't ask them to
take on this whole other thing
277
:Christine: unless they're properly funded.
278
:Like the public defender's office.
279
:Yeah, that's
280
:Hugh: right.
281
:Christine: But I do think that,
you know, it's something that would
282
:probably drive some of the cost down.
283
:It would regulate the market
because people should not be paying,
284
:and I wanna be clear on this.
285
:Y'all need to understand that if
you have a contentious divorce with
286
:children involving, you know, custodial
evaluations, parenting coordinators,
287
:FOCs gals, blah, blah, blah, that what
that costs over a two or three year
288
:period, most of the sitting judges
on their salary could not afford.
289
:Hugh: No, that's true.
290
:And so that's true.
291
:You, you would be, you would be
mortgaging your house cashing
292
:out your retirement, all kinds of
things to be, , to afford that.
293
:Oh
294
:Christine: yeah.
295
:Cashing out nana's retirement,
you know what I mean?
296
:It would, my
297
:Hugh: fees on a two to three hour, I mean
a two to three year like custody battle
298
:would be multiple times the net salary
of somebody that's sitting on the bench.
299
:Probably.
300
:Yeah.
301
:Or not probably.
302
:Absolutely.
303
:And that's just my fees, not.
304
:Not the FOCs and the Gs and the
custodial evaluators and the time
305
:off work and you know, all of
those things that are going on.
306
:So it is.
307
:Extremely expensive.
308
:Christine: And also I just think as
a society we have to decide what is
309
:important and if protecting people's
constitutionally rights to parent,
310
:you know, isn't that then what is,
because what people don't understand
311
:is that this could happen to you.
312
:You could lose your children
literally without a mugshot.
313
:Hugh: Well, and you know, we're seeing
people that have attorneys have their
314
:kids ripped away from them because.
315
:The courts are just not following the law.
316
:Yep.
317
:But you have a much better
chance of rectifying that if
318
:you have counsel and can stop.
319
:Well also what?
320
:What's happening
321
:Christine: also like the.
322
:Benefit of the public defender's office.
323
:Like when I worked there,
we had a motion bank.
324
:We saw what was happening in
counties throughout, and you
325
:would have conferences, you could
share information, and you could
326
:see these problematic patterns.
327
:Mm-hmm.
328
:For example, we had a lot of problematic
patterns in Lexington when I was a
329
:public defender's office with canines.
330
:You know, got some great case
law on that to make sure that
331
:people were constitutionally
right, to not be, you know.
332
:Detained and seized and
searched was upheld.
333
:Sorry, I lost my train of thought.
334
:But the importance That's,
that's a great point.
335
:Yeah, yeah, yeah.
336
:The importance of having a independent
body that protects the people from
337
:the government, that is literally,
that's the whole point, y'all.
338
:Is it not?
339
:Hugh: Yeah, I, you know, it is one thing.
340
:I mean, like I said, philosophically
we're talking about fundamental rights.
341
:How do you make the
distinction you're entitled to?
342
:I mean, I understand in Kentucky
at least, there's a statutory
343
:distinction, these type cases that
are brought under this statute.
344
:Yeah.
345
:Where your kids are forcibly taken by
the government, where the government
346
:is coming to take custody away
for dependency, neglect, or abuse.
347
:You entitled to an attorney, but
how about when the government isn't
348
:a party that's trying to take it,
but instead of sitting on the bench?
349
:And is going to take your kids away
and may not be paying any attention
350
:to due process or the Constitution.
351
:, I think that you're going to continue
to see those kinds of abuses unless
352
:you have everyone represented.
353
:Christine: Absolutely.
354
:Hugh: A, you continue to see
them for represented people.
355
:I mean, we find out on these cases,
and so many of them, the problems that
356
:we see are cases that have attorneys.
357
:Yeah.
358
:So I can't imagine going in there.
359
:Not being able to afford an attorney.
360
:Dealing with a system that you have
to constantly kick and scream to
361
:make sure that you get a hearing.
362
:Yep.
363
:That people get sworn in, that
the rules are actually followed.
364
:And if you don't know about those
things, you're at such a disadvantage.
365
:Christine: Well, there's also that
accountability from having the
366
:public defender where you have
colleagues, you have a boss, you
367
:have accountability, like mm-hmm.
368
:Like for example, Adair versus Berton.
369
:You have so many private attorneys
waiving that under pressure from
370
:the FOCs, FOCs, and from the judge.
371
:But now, if you had an employer
and a policy within the public
372
:defender's office, obviously
we're gonna comply with the law.
373
:You can't ever waive a dare versus Berton.
374
:That's right.
375
:It really actually does deescalate
the judge's frustration.
376
:It's like, oh, that's the policy
of the you know, I mean, they're
377
:gonna comply with the law.
378
:And so there's the insulation.
379
:What family court needs in particular,
more than any other court of law that I
380
:have ever experienced or that's in this
country, is it needs accountability.
381
:It needs checks and balances.
382
:It needs.
383
:Systems in place that protect
everything because you have to believe
384
:that one bad temporary order could
change your life in perpetuity.
385
:Hugh: It certainly changes a child.
386
:Yeah,
387
:Christine: yeah,
388
:Hugh: yeah.
389
:I mean, imagine you're at school
one day and someone you haven't seen
390
:in a long time shows up and takes
you across the country unannounced.
391
:Mm-hmm.
392
:Just because a judge didn't
follow , the law Yeah.
393
:And issued , a very bad temporary order.
394
:, I mean, it's the kind of thing that
will affect a child probably the rest
395
:of their life without question that that
kind of trauma leaves a lasting scar.
396
:Christine: Yep.
397
:And there's no, mugshot for that
violation of law just yet anyway.
398
:Hugh: No, true.
399
:Christine: But let's segue on our YouTube.
400
:Let's there is a motion
hour of Bryan Gatewood.
401
:Bryan Gatewood is notorious for speaking
in a demeaning manner, would you say?
402
:Would you agree?
403
:Hugh: Yeah.
404
:And you know, one of the things you
showed me, you were appalled about
405
:this motion hour video because you
had seen it happen and , it was,
406
:you were sort of embarrassed by it.
407
:Totally.
408
:And you went and got the
video of it and I thought.
409
:He's actually speaking to that pro
se person nicer than he spoke to me.
410
:It doesn't mean it's less egregious, but
I've had plenty of motion hours where he's
411
:talked to me in a worst way than that.
412
:Christine: Oh, absolutely.
413
:He does not know how to speak to people.
414
:I mean, that goes without saying,
but we'll put that up on our YouTube.
415
:But just essentially it talks about,
first off, this pro se person doesn't
416
:extraordinary job of talking to the court.
417
:Sure.
418
:I mean, well,
419
:Hugh: I had to ask you is like,
because you looked into the case.
420
:Was that a pro se person or
was that an attorney maybe
421
:from out of town and doesn't
422
:Christine: No.
423
:Our local rules, he doesn't know all
424
:Hugh: the, well, you call 'em local rules.
425
:Yeah.
426
:It's not even local rules
they were arguing about.
427
:Right.
428
:Each division seems to put out
inconsistent and different rules
429
:about his or her motion hours that
if you are a member of the public
430
:and pro se members of the public are.
431
:Required to be held.
432
:They're required to play by the
same standards as attorneys.
433
:Mm-hmm.
434
:And they're held to the same
standards, and I understand that.
435
:But, so let's say that I'm pro
se I'm appearing before a judge.
436
:I wanna know what the rules are.
437
:I'm gonna look at the rules
of practice and procedure.
438
:I'm gonna look at the family court
rules of procedure and practice.
439
:I'm gonna look at any statutes and
I'm gonna look at the local rules
440
:for how the local court works.
441
:If I looked at all of those
things and committed them to
442
:memory, I would never see the.
443
:Extra rules that these judges put in
their courtrooms that are inconsistent.
444
:Christine: Yeah.
445
:Yeah.
446
:And just to be clear, so we're
using the word rule rule.
447
:There are things in the law like
terms of art, where they mean
448
:something different in real life
and then they do in a courtroom.
449
:But when we say rule, really the fact
and backstory here, what the judges
450
:have started to do in Louisville is they
release their pre rulings for motion hour.
451
:And on the top of it, like if their
motion hour starts at one 30, it will
452
:be like, if you have any objection, you
gotta tell me by:
453
:not adopted to my knowledge, in the
local rules of practice that's not
454
:signed into order by the chief judge.
455
:Well,
456
:Hugh: and it's, and it's
inconsistent, like, yeah, yeah, yeah.
457
:Like some judges say just, it
just says before motion hour.
458
:Like it, it says like, if it's
a 9:00 AM motion hour, you gotta
459
:make your objection before 9:00 AM.
460
:Okay.
461
:I mean, that one is a little more,
a little obvious, like people, you
462
:know, it, it's not outta the ordinary,
but we have others that are, let's
463
:say we have motion hour at 10 30.
464
:You have to let us know of your
objection before:
465
:Oh, sorry, 1:30 PM You gotta let us
know before:
466
:be at 10 30 and you have to let them
know before:
467
:Actually, they're all different.
468
:It's about Right, right, right.
469
:, I think almost every single one has
a different amount of time before the
470
:motion hour starts that you have to let
them know and a different way to do it.
471
:Email this person, call
this person, file something.
472
:It's, yeah.
473
:Yeah.
474
:They're, they're all different
and there's no reason why anybody
475
:would be able to know that.
476
:Christine: Right.
477
:And that's the, goes back
to just fundamental notice.
478
:You have to give people
notice of the rules.
479
:You know what I mean?
480
:You're not playing Uno.
481
:With your nana where things
can just change on a whim.
482
:This is a court of law.
483
:You get a document that says the motion
shall be heard at 1:30 PM On this
484
:day, you show up at 1:30 PM you're
entitled to have your case called
485
:regardless of what you put on a website.
486
:Hugh: Yeah.
487
:In the case that you were referring to
the opposing counsel had filed a motion
488
:for additional time to respond to a
motion that had been filed months before.
489
:Christine: Yeah, it was, I don't.
490
:I wanna, I did look up the
court net on this, and it is.
491
:Ambiguous kind of how this came to
be because this person was pro se
492
:so in the sense of like, not saying
something that's not factually accurate.
493
:Got it.
494
:I couldn't really ascertain completely.
495
:Okay.
496
:Okay.
497
:Okay.
498
:Hugh: Well, from the point
of view of this person, yeah.
499
:He tell, he informs the court
that he objects because he had
500
:filed his motion months before.
501
:Yeah.
502
:And there had been plenty
of time to file a response.
503
:That was the argument that he made.
504
:So I was taking him at his word.
505
:But you're right, , I have not looked.
506
:Yeah, through the file to see when
this was filed, but it, according
507
:to him, months before the judge, the
judge is pretty condescending and
508
:nasty with him and doing it because so
he says you had to let us know before
509
:this time that you had an objection.
510
:My pre ruling was this was
going to be signed and he
511
:said, I did file an objection.
512
:So he had
513
:filed a
514
:response?
515
:Yeah.
516
:Filed a response in the
record, objecting to it.
517
:And so,
518
:Christine: and then he, , the
judge is like, well, you know, that
519
:probably hadn't even made it up
from the circuit clerk's office yet.
520
:Yeah, I haven't seen
521
:Hugh: that.
522
:Yeah.
523
:Or I'll, I'll take a look at,
that's like, I don't even have the
524
:Christine: file in front of me.
525
:Hugh: But it's like you're
there to hear this motion.
526
:Right?
527
:I don't know why the judges
don't know what the motions
528
:are that are in front of them.
529
:Right.
530
:First of all, what was he expecting
that person to know as a pro se person?
531
:He argued very well.
532
:Mm-hmm.
533
:He had filed a response in the record,
in the case saying that he objected to
534
:it, and then he showed up on time to
make the argument just to be treated like
535
:basically, you're wasting my time and
you're and opposing counsel was here.
536
:We could have done this, but
you didn't do the right thing.
537
:Yeah.
538
:And it's like.
539
:Is impossible for pro se persons
to know that there are different
540
:little pseudo rules Yeah.
541
:That haven't been adopted as
actual rules in each division
542
:that aren't put in the rules that
you can actually look up and see.
543
:But there might be a website and if
you're lucky, then something's been
544
:published That says it at the top of it.
545
:Yeah.
546
:For a specific, I don't know.
547
:And I think.
548
:To the extent that they make
the rules very transparent.
549
:And if there's a pro se person on the
case and you've communicated that rule
550
:very clearly to them, it would still be
inexcusable to talk to with them that way.
551
:Christine: Exactly.
552
:Without question.
553
:Hugh: So those things all
exist separately in my mind.
554
:Yeah.
555
:That this is bad.
556
:And this is also bad, but even if
none of this other stuff existed,
557
:why, why do you talk to somebody
like that in your courtroom?
558
:Christine: Who the fuck
do you think you are?
559
:I mean, is what I would say.
560
:And again, that goes back to
there's no way he would talk to
561
:somebody like that outside of court.
562
:I don't think.
563
:I,
564
:Hugh: yeah, but , if he did, he, it would.
565
:Yeah, I don't think it
would go well for him.
566
:Christine: Exactly.
567
:And I was sitting there in real
time that day, not watching that.
568
:I had just been there for the
baby case and that's why , I
569
:stopped him on the way out.
570
:I'm like, what's your name, sir?
571
:He had no idea who I was,
because I was so, just like, you
572
:cannot talk to people, you know.
573
:It would be, and that's where
family court's not reported on.
574
:But if a judge spoke to a pro se
person charged with a crime, like
575
:still with the presumption of
innocence in a courtroom like that, I
576
:think it would be viral over TikTok.
577
:Hugh: I don't think it might actually.
578
:I mean, that might be something
that the media would cover.
579
:Oh,
580
:Christine: I know.
581
:Can you imagine LOL?
582
:Yeah.
583
:Hugh: Well, I mean, , I've
seen that kind of thing.
584
:When someone explodes or
acts unprofessionally in a
585
:criminal court, it will make.
586
:You know, make the rounds on the
media, it won't get a lot of traction.
587
:But I would always see it.
588
:'cause I, you know, it would make
the rounds with the attorneys.
589
:Yeah.
590
:I don't know why this is any different.
591
:And I think you're, I think
that's an excellent point.
592
:If this happened in a different
context, in a different court, it
593
:would be a completely different manner.
594
:Christine: Yep.
595
:So.
596
:All right, well submit
your stories, judge y.com.
597
:Remember, we're starting to post court
proceedings from Louisville, Kentucky.
598
:On our YouTube, our YouTube is judge y
and the handle is judging the judges.
599
:Thank y'all so much and happy Monday.
600
:See ya.
601
:Speaker 3: Content of this
podcast is for informational
602
:and entertainment purposes only.
603
:It is not intended to be and should
not be construed as legal advice.
604
:Engaging with this content does not create
an attorney-client relationship between
605
:you and the hosts, guests, or their firms.
606
:The views and opinions expressed
on this podcast are solely those
607
:of the individuals involved and
do not necessarily reflect the
608
:official policy or position of any
law firm, company or organization.
609
:We make no representations or
warranties regarding the accuracy,
610
:completeness, or applicability
of the information presented.
611
:Any reliance on the information in
this podcast is at your own risk.
612
:Laws are constantly changing
and every situation is unique.
613
:You should always seek the advice
of a qualified attorney for
614
:your specific legal concerns.
615
:Next call.
616
:We need some justice, justice, justice.
617
:And I wanna ring bells in public.
618
:I wanna ring bes in public nor crowd.
619
:Yeah, but I To the fo Yeah.
620
:I To the fo Yeah.
621
:I to the fo fo teaser.