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Biased Judge Barred From Bench

Posted to House Bloggers by Rachel Small on Tue, 10/16/2007 - 1:30pm

I'm wondering if any female readers, while going through the divorce process, thought the judge was biased against her. I've heard of a few cases where women had the perception the divorce judge favored the husband.

In Hong Kong, an appeals court banned a judge from hearing a divorce action because they seriously believed that the Justice would be biased against the wife. This controversy arose from a divorce battle which started in 2005.

Recently, the husband's attorney, writing to the judge, alleged that the wife would have his client killed if he returned to Hong Kong from a London trip. This was reported in the South China Morning Post.

Justice John Saunders said, "I do not consider that the father's fear of physical injury, is either irrational or a sign of instability." Apparently both the husband, his attorney and the judge took this alleged threat seriously.

Unfortunately this judge put his foot in his mouth when he expressed a biased conventional opinion, that the husband's fear may be "described as being akin to a fear, for personal safety, held by someone married to a person of Italian extraction."

To me this expression was shockingly outlandish and inappropriate for someone who should be fair to both sides. Why would a judge in Hong Kong refer to this Italian stereotype? Maybe he fell under the influence of "The Sopranos."

With courts dominated by male judges, no wonder some women feel they are ripped off in divorce settlements due to male prejudice. I don't think this is necessarily true, but often perception of those going through the system, becomes reality.

I choose not to believe all male judges have a female bias, but what is your experience?

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