Thursday, December 08, 2005

Statutory Requirement Offers Hope To Alimony Payors

"Before the last 40 years, who ever heard of a lower level civil court judge having complete control over a person's life till they died - in America? What makes it all the more unbelievable, to the point of being silly, is that it's over a broken state marriage license." -- James Darden
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Our team has come across a small but promising statutory requirement that might offer the possibility of relief to those making support payments. If you can utilize this requirement, you can probably void any harsh orders entered against you.

When a judge is elected or appointed, they need to file an oath of office for the campaign and entry to the office. You need to consider checking out each judge in your case as to whether or not they timely filed their oath of office. Even though the information below refers to Florida, the same should apply to your state.

According to a 1996 opinion issued by Robert A. Butterworth, then Florida Attorney General, the form of the oath is prescribed in Section 876.05 of Florida Statutes. The Attorney General ruled that the statute is applicable to all employees and elected officers of the state, including judicial officers.

The oath is a prerequisite to qualify for public office the opinion states. Any candidate who fails or requires filing the requisite oath will have failed to qualify as a candidate for public office and the name of such person shall not be printed on the ballot as a qualified candidate. The provisions are mandatory and binding on all officers.

Florida law states that if any person required to take the mandated oath fails to execute same, the governing authority under which such person is employed shall cause that person to be immediately discharged and his name removed from the payroll.

In Florida, as in New York and other states, the law is very explicit. Chapter 114(h) of the Fla. Statutes states that upon the failure of a person elected or appointed to office to qualify for office within 30 days from the commencement of the term of office, the office becomes vacant.

We'd like to encourage all "victims" to call and visit their clerk of court office and personally physically view the document. It would not hurt if you got a copy of it. Then if we find one judge who did not do it for the campaign and after election we have a great press release...can you imagine the mess if a judge’s orders on any trial are voided?

Here is a recent story that offers an example of how this requirement was used:
http://www.northcountrygazette.org/articles/112805CatenaOath.html

We'd like to request that anyone searching for a judge's oath send us the results of your findings (judges name, court, state, oath or no oath) and we will post them on our website. This way people can see the status of judges to save multiple searches and save time.

Please remember that there is a good chance that your judge has met the requirement, but keep in mind that errors do occur and discovering them are like finding gold. You can use them to your advantage. So take a little time and do the research.

Be sure to let me know of any experiences you have in researching this.

MARRIAGE STRIKE: DESTROYING THE VERY FABRIC AND BUILDING BLOCKS OF OUR SOCIETY AND NATION
* Why do fewer people marry?

CASUALTIES OF STATE SPONSORED VIOLENCE
* Marvin Davids: may he rest In peace

EXAMPLES OF A JUDICIAL SYSTEM AND JUDGES GONE AWRY:
* Judicial activism: another case where the judges define the law rather than the legislature.
* Judge Assini Censured For Intemperate Behavior, Rights Violations

LEGAL INFORMATION AND RESEARCH CORNER:
*
Legal Ethics Materials Click the link for your state.

INTERESTING READING:
* In Defense of 'Deadbeat' Dads. Includes persons jailed for contempt of court in support cases.
* Jessica Simpson could wind up paying alimony for up to 18 months.

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