What do we do now about an attorney misunderstanding?
October 25, 2006 4:58 PM Subscribe
LegalFilter: Need some direction in regards to a miscommunication which can affect a cases outcome...
posted by Izzmeister to Law & Government (4 answers total)
I have been involved in a case in new york state where the case was being tried before a specific judge who was very much leaning in our direction.
After having testimony scheduled several times only to have it rescheduled by the judge several times due to other cases on the calendar being heard first with no end in sight , the attorney told us that the judge had recommended that for a finding of fact in a very specific question which the case was hinging on, we should consider going to a JHO (retired judge) who was to hear the testimony and make a finding as to that question (how much a dongle was worth on a specific date) and then the judge assigned to the case would take that finding and rule on the entire case.
Our attorney told us (and this was his understanding of the judge) that we were in a winning position and that he would not move the case itself to another judge at this point in the case, but that we could go to the JHO for this specific issue.
after going to the JHO and having testimony and evidence heard, the JHO said that he would issue a ruling, to which the JHO Judge commented that he does not answer to any other judge and that he would in fact make the ruling in the case.
my questions are:
If the original judge says that in fact the entire case was handed off and the JHO is making a ruling, is there anything I can do about it?
can I write the judge (and send a copy to all parties) at this time commenting on what I wrote above? it is still unclear at this time if in fact he will rule himself or have the JHO rule on the case.
Is it common for a judge to give a JHO a specific finding in a case to make? or is the usual scenario to hand off the entire case to the JHO to decide?
is the lawyer at fault if in fact the judge says he gave the entire case to the JHO to decide (considering we had the option of going or not)?