Achieving Justice in the Courtroom

Sports often emulates real life situations.  Would a basketball referee be fair in their judgement if they were related to one of the players or coaches on a particular team?  Maybe they would.  Maybe they wouldn’t.  However, if the opposing team were to lose because of a judgement call made by the referee would the losing team have doubts about the fairness of the way the game was called?  In this situation, there is nothing the losing team can do after the game.  They should have made a protest before the game, otherwise opinion will state they are only upset because they lost.

In the case Caballero v. Vig the wife challenged the denial of her post-trial motion to recuse El Paso District Court Judge Laura Strathmann, who presided over her divorce from her husband.  In the recusal motion, the wife obtained court documents which convinced her that the judge and one of the attorneys who represented her husband at trial were married at the time of the trial.  The wife felt that the judge was therefore required to recuse herself from presiding over the trial.

Unfortunately for the wife, the court of appeals affirmed the denial of the wife’s recusal motion. The big takeaway is that if you want to recuse a Judge you need to do it earlier on and not after you get a bad ruling. The wife never objected or challenged this until after she got a bad ruling.  To review the case for yourself visit https://law.justia.com/cases/texas/eighth-court-of-appeals/2020/08-18-00033-cv.html

Having the right representation in a divorce proceeding is imperative for you to receive the most equitable judgement.  A good attorney will be able to have a strategy during the proceedings, but also be able to identify an uneven playing field.  Emotions are at an all-time high during the breakup of a marriage.  However, proper representation can save you a lot of angst after the final buzzer (or gavel) falls.

Rob McAngus, Partner with Verner Brumley Parker, P.C., is Board Certified in family Law and his practice is devoted primarily to family law, including high conflict divorce, custody cases, and complex property issues. In addition to being selected on the Board of Directors for the Family Law Section of the Dallas Bar Association; he values your priorities as a parent and works with you to achieve the goals that will help transition your family to a new normal.  As both an adopted child and a member of a blended family, Rob can provide a unique perspective in the practice of family law.

Rob has been recognized in Super Lawyers as a Rising Star in 2016 through 2019, and recently The National Advocates recognized Rob as one of the Top 40 Under 40.  He can be reached by calling 214.526.5234 or email at rmcangus@vernerbrumley.com.