There is absolutely no excuse for litigants to have to wait more than 60 days to have a motion heard. It doesn’t matter if it involves custody, support, or pots and pans.
Can you imagine as a lawyer telling a new client “thank you for your business, but I can’t get around to seeing you or preparing your motion for two months? If I can’t see a new client or prepare a motion within a week or two of being retained, I have no choice but to postpone a vacation, work harder, work smarter or ask for some help. Moreover, I did not solicit support or money for my job (except from my parents but that’s a different story). Judges ran for their jobs. If they want the prestige of the office, they need to earn it every day, primarily by serving those who elected them to office.
Most of our family court judges are conscientious and are able to manage their calendar. A minority, however, may also be conscientious, but for one reason or another are unable to adequately manage their calendars. I’m not sure the minority of judges realize they are doing a disservice to litigants and attorneys and are putting their job security at risk. Even worse, some complain about being unable to manage their calendar even though they ran for the job and knew what it entails. These judges need to stop complaining and do their jobs like the vast majority of their colleagues.
Except for the year prior to their election, many judges forget they are elected and are public servants. They think in terms of being a bureaucracy rather than thinking in terms of customer service.
The bottom line is that litigants want their day. Some judges don’t want to make a decision and will do anything to delay that inevitability no matter how long it takes. Mediation, return, interviews, status, evaluation, return, evidentiary hearing, submit, decision – maybe. I am beginning to believe that some judges set hearings three months in advance hoping the matter settles so they don’t have to hear the matter. One can disagree with how a judge handles their respective courtrooms and certainly the decisions they make, but notwithstanding any other issues, no litigant should have to wait more than 60 days to have their case heard.
This blog was written by Bruce I. Shapiro of the Pecos Law Group and does not necessarily reflect the opinion of all of the attorneys at the firm.