A Columbus man has filed suit asking the Muscogee County Superior Court to force Probate Judge Julia Lumpkin and her chief clerk to carry out their assigned duties.
The petition for writ of mandamus — a court order that requires another court, government official, public body, corporation or individual to perform a certain act — was filed on behalf of a man on July 10 after repeated attempts to get the probate judge’s office to deal with his request to have his guardianship changed, according to the suit.
According to the suit:
More than 20 years ago, the man’s mother was appointed her son’s guardian by Probate Judge Rudy Jones.
Last November, the mother filed a petition with the Probate Court to resign as guardian and have another guardian appointed.
Lumpkin, because of a relationship with the family, recused herself and appointed Probate Court Chief Clerk Marc D’Antonio as the hearing officer.
According to the suit, the Probate Court has not done the following:
• Lumpkin has not entered a written order documenting her decision to recuse herself.
• Lumpkin has not entered a written order appointing a hearing officer.
• Lumpkin has failed to appoint a county administrator as required by state law. The county administrator would act as guardian if another guardian could not be found.
Full Article and Source:
Columbus man sues Judge Lumpkin, chief clerk
The petition for writ of mandamus — a court order that requires another court, government official, public body, corporation or individual to perform a certain act — was filed on behalf of a man on July 10 after repeated attempts to get the probate judge’s office to deal with his request to have his guardianship changed, according to the suit.
According to the suit:
More than 20 years ago, the man’s mother was appointed her son’s guardian by Probate Judge Rudy Jones.
Last November, the mother filed a petition with the Probate Court to resign as guardian and have another guardian appointed.
Lumpkin, because of a relationship with the family, recused herself and appointed Probate Court Chief Clerk Marc D’Antonio as the hearing officer.
According to the suit, the Probate Court has not done the following:
• Lumpkin has not entered a written order documenting her decision to recuse herself.
• Lumpkin has not entered a written order appointing a hearing officer.
• Lumpkin has failed to appoint a county administrator as required by state law. The county administrator would act as guardian if another guardian could not be found.
Full Article and Source:
Columbus man sues Judge Lumpkin, chief clerk
Most states have court rules which require the judge to take action on an application within a specific length of time. A complaint could have been filed with the state's office of court administration.
ReplyDeleteBut then, like a well-known law professor said: if you push the judge to respond, you can pretty well count on what the answer will be.
These damn judges complicate things to an impossible degree - costing Americans all kinds of money they should not have to be spending.
Here's the thing I found out about a writ of mandamas --- almost all of them are dismissed. Not on the merit, but on a technicality.
ReplyDeleteI was told that by a lawyer for the state supreme court.
I am pleased to see this man sue and for that suit to get press.
ReplyDeleteBad judges need to be exposed and thrown off the bench!
You're so right, Anonymous 1!
ReplyDeleteMost people for a host of reasons including financial situation are unable to proceed as this plaintiff is doing, going into unknown territory. I wish him and his attorney the best success and thanks to the reporter for getting this in the news.
ReplyDeleteGreat idea - sue the judge.
ReplyDeleteWhen I click on the link to the full story, it appears the the target of this link has been removed. I can't find the full story elsewhere. If someone else can, please let NASGA know so that it can redirect its link.
ReplyDelete