John C. Mayoue practices in family law matters, specializing in complex and difficult cases.



JohnMayoue.Com

Family Law Prof Blog




The Kidman-Urban Prenup

Post-Nuptial Agreements on the Rise

Unmarried Couples May Get Rights Under British Law

Sir Paul's Divorce May Help British Pre-Nups Take Hold

Viagra Helps Husband Defeat Wife's Divorce Claims

The TomKat Pre-Nup

Study Shows Devastating Effects of Divorce on Finances

Anna Nicole Wins in the Supreme Court

Caught on Tape

What About "Green Card" Marriages?



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Tuesday, June 27, 2006

The Risks of Being a Family Law Judge

As we've reported before, the most rancorous, emotional and contested legal battles in this country are waged in the nation's family law courts. That what makes the recent shooting of a Nevada family law judge at once shocking and tragically predictable.

Earlier this month, Judge Chuck Weller, a family law judge in Reno, was shot and critically wounded in his office by a man who apparently was upset over a ruling the judge had issued in a divorce case.

A Texas television station recently interviewed judges in East Texas about just how dangerous their jobs are. These judges' opinions are very apt, because in February, 2005, a Tyler, Texas, man - embroiled in a bitter child support dispute - opened fire outside the Smith County Courthouse and killed his ex-wife, a bystander who tried to intervene, and wounded several others before police shot him dead. Here's what the station reported:

Smith County Judge Randall Rogers and Gregg County Judge Robin Sage have been on the bench for more than 15 years. They say violence towards family law judges is getting worse.

"In family court we do highly emotional things, as a judge I have to take someone's children away," says Judge Sage.

Both say since the Smith County Courthouse shootings, just 15 months ago ... There has been additional security measures to the courthouses.

"The security measure have gotten better but they've just got a long ways to go," says Judge Rogers.


Judges interpret the law and sometimes those interpretations anger people. As a result, judges are often the focus of attack - but mainly from political attack. Many conservative "reformers" accuse judges of political activism from the bench and in doing so have created a strong bias against judges among a sizable portion of the population.

It seems to me inevitable that more and more people might believe some of this hype to the point of thinking that a judge might act out of personal animus instead of judicial impartiality.