781.708.4445

wmlevine@levinedisputeresolution.com

Divorce Mediation Blog

Biblically Speaking, the Judge Got It Wrong: Lasher v. Lasher

Wednesday, April 26, 2017

At least in Massachusetts, we now know two things:

  1. You shouldn’t send a bible to a judge before whom you are a litigant; and
  2. If you do, you should not expect him to rule in your favor before recusing himself.

In the Appeals Court’s recent Lasher v. Lasher, a three –judge panel reversed a trial court judge who offered to entertain a motion to remove him from the case after he determined that a bible inscribed with his name sent to his lobby had been sent by the other party to the case. The non-gifting party took the judge up on his offer and sought recusal. The judge complied.

But, before doing it, he denied the only other motion that was before him, in which the party requesting recusal had sought substantive relief from an underlying judgment. In other words, he ruled that it was reasonable for the moving party to view him as tainted by the obvious impropriety of the gift; but he would rule on the dispositive substantive motion anyway, to the detriment of the offended party, and then withdraw from the now terminated case.

The appellate courts are not always kind to their trial court brothers and sisters, but in this case the Appeals Court made mercifully fast work of the matter by vacating the ruling on the substantive matter and remanding to another judge for re-hearing.



Get e-mail notifications of new blog posts! Enter email address below.:



Delivered by FeedBurner

other articles


recent posts


tags

med-arb divorce arbitrators divorce litigation Massachusetts lawyers alimony law Chouteau Levine Levine Dispute Resolutions Act Reforming Alimony in the Commonwealth high-risk methodology Baseball Players family support Defense of Marriage Act divorce mediators Uniform Arbitration Act Levine Dispute Resolution Center divorce lawyers how baseball arbitration works Baseball support orders arbitration divorce process alimony facilitated negotiations fraud family and probate law disputes IRC §2704 divorce agreement Levine Dispute Resolution General term alimony Levine Dispute Resolution Center LLC divorce arbitration Massachusetts Lawyers Weekly health coverage family law arbitrator Divorce Self-adjusting alimony orders Massachusetts alimony disputes mediator lawyer SJC mediations mediators rehabilitative alimony Massachusetts divorce mediators divorce mediations divorce mediation separation mediation divorce and family law mediators Child Support Guidelines DOMA child support Boston self-adjusting alimony Obamacare Massachusetts alimony and child support Family Law Arbitration divorce judgment health insurance LDRC divorce and family law The Seven Sins of Alimony Matrimonial Arbitration Cohabitation family law divorce arbitrator COLA annulment alimony orders resolve disputes MLB labor agreement Massachusetts Alimony Reform Act lawyers divorced private dispute resolution Massachusetts divorce lawyers medical benefits lawyer-attended mediation Same Sex Marriage dispute resolution Massachusetts alimony statute med/arb litigation pre-ARA alimony alimony reform legislation divorce mediator family law arbitrators arbitrator Alimony Reform Act arbitrators Divorce Agreements traditional negotiations special master conciliation Baseball Arbitration family mediation Major League Baseball Arbitration family law mediation