Family Law Attorneys & You: Court Watchers

Family Law Attorneys & You: Court Watchers


Court Watchers

A common complaint in dealing with this action in court is a claim of bias on the part of the judge. For the most part, the issue is not as much bias as it is a lack of preparedness, including using the right attorney. Most often, attorneys who are unwilling, or lack the knowledge, to properly represent fathers make a claim of bias in the courts. If there is a concern, you can address this possibility by taking people with you to court who are not there to testify. They are there as Court Observers, or Court Watchers.

A Court Observers can be anyone, such as a friend or relative who is not directly involved in the case. However, as an alternative you may also consider contacting local High School Civics, and/or Community College Paralegal, Teachers to see if any programs exist for students to get credit for being Court Observers. Another good source would be Boy Scouts of America to find a young man working toward earning his "Citizenship in the Community" merit badge, which is required to become an Eagle Scout. This will give them applicable experience in our judicial system.
Court Observers should be sitting in the front row of Visitor's Gallery, but spread apart so that their comments are individual and not affected by what another observer is writing.
The observers should to be sitting on both sides of the gallery, near both the petitioner and respondent attorneys.
Each observer should be equipped with a hardback clipboard, tablet, and two writing pens for taking notes.
It's best to make use of a Court Evaluation Form designed for this purpose. With this form, they need not guess or interpret what to record. They need simply answer the questions.
Individuals performing a Court Watcher function are like a Jury. They are there to report on their observations and not to expound on them. If the Judge asks who they are, they need only identify themselves as Court Observers.

If all goes well, the Judge will rule based on the preponderance of the evidence and the results of the Court Watch Forms will be unneeded. However, do remember that a less than favorable ruling does not always mean bias. The volume of evidence, and the performance of the attorneys, counts the most. The ability of your attorney, and the value of your evidence, is fully dependent your prep work, and taking the time to interview and find the right attorney for the job.

If it appears the judge is not providing a balanced interpretation of the evidence presented, an appeal can be filed using info from this form. Further, the judge sanctioned or removed from the case. In a worse case scenario, a complaint can be filed with the State Supreme Court. If the Supreme Court conducts an investigation, a judge must remove him or herself from the case.

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