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Rhode Island Divorce Tip - On Judicial Bias
By admin | April 4, 2008
Rhode Island Divorces are hard enough without judicial bias. Judicial bias is when a judge or magistrate in the position to make a decision in your Rhode Island Divorce listens more to one parties’ position than the other parties’ position and gives that position unjust weight in the decision making process.
It happens. It’s no mystery. Judges and magistrates are people. They are not machines. While they are set on the course of impartiality as part of their duty, you cannot strip the humanity out of them.
Naturally, with that humanity comes all the personal experiences, thought processes, underlying suppositions, precepts and all the other things that go into the formation of the human person, including biases.
I don’t envy Judge’s and Magistrates. They are supposed to remain detached from each situation and try to make consistent decisions from case to case. Yet, how can they when they have their own belief systems and their own ideas about the way families should be have, visitation should be conducted, the child support system and more.
Judicial bias exists on a practical level on a daily basis. In a Rhode Island Divorce System comprised of human beings how could some bias NOT exist? It just isn’t reasonably possible.
Its when Judicial Bias overshadows a case to the extent that prejudice is caused to a a person’s case.
It occurs! In fact, there seem to be some warning signs that one could look for to gauge the level of bias.
Ask yourself this:
1) Is the Judge or Magistrate for my divorce matter giving me equal time to speak as compared to the opposing party?
2) Is the Judge or Magistrate for my divorce case allowing the opposing party to enter all his or her exhibits and shutting you down when you attempt to do the same thing?
3) Does the judge’s demeanor or tone change when he or she addresses you as compared to the other party?
4) When liberties are given by the Judge, are they extended only to the other party and denied to you client?
5) Does the Judge seem friendlier to the opposing attorney as opposed to your attorney or you?
Judicial Bias Exists! You MUST be aware of it! It is an inherent part of the system! Some of the biases are small and others are large.
So how can you protect yourself. Know the Judges. Ask around. Learn about the judges. Sit in court, watch
Knowledge is the key.
This article is for informational purposes only and is not legal advice. You should not take legal action without legal advice from a licensed practitioner who has been fully informed about your specific circumstances.
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Tags: divorce, divorce court, family court, judicial bias, rhode island, rhode island divorce law
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