Biased Judge Barred From Bench

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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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Comments

My Judge Definitely Favored the Husband

I absoultely agree that some judges are biased. The judge who presided over my divorce granted a reduction of nearly $100.00 a week in child support based on my ex's "word" that he had suffered a demotion and cut in pay. Mind you, he had no proof of this lower income, stating that he had just started the job and didn't receive his first paycheck yet. Adding insult to injury, the judge reduced the child support by another $10.00 a week based on my income being over a certain percentage of what my state considers the maximum yearly income a custodial parent can earn before given a credit to the non-custodial parent. Of course, I DID bring my paystubs with me for the court to review as I am an honest and decent human being. Since our divorce hearing my ex has admitted that he earns income in cash, off the books. Imagine bragging about walking a fine line on the verge of being a dead beat dad! Hopefully my judgement in people has improved. I have looked into hiring a private investigator to prove that he is earning income off the books. But between legal fees and investigator fees, I would lose more money than I would ever gain. And by the way, I have consulted with two different attorneys who have both said, "Oh, you had Judge So-and-So.....he favors the husband." I choose to live by the mantra "Living Well Is The Best Revenge"!

More on Biased Divorce Judges

My divorce judge was biased against me in particular, not women in general. It turns out that the female judge in the courtroom next to his was the mother of the best friend of my husband's mistress. Our case mysteriously came before him in just 3 short months from filing. The average time to get a divorce heard in court in our city is 18+ months! He gave the attorney opposing us almost 3 full days to present her ridiculous arguements. When my attorney stood up to present our side of the divorce, this very biased judge said, "This case is closed". He instructed us to divide everything 50-50 and 'get out of his court'. My attorney was so stunned that she was not allowed to present our case that she tore up my bill! Now that is an unusual divorce attorney and a very biased judge. Our case was decided before we even walked in to his courtroom! And the sad part of this story is that there was really nothing we could do about it! So, yes, I believe (sadly) that there are judges who are biased in many different ways!

I guess we can only hope

I guess we can only hope that all who uphold the law treat all people fairly.

CM

 
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