Judge Heller is under the microscope for what has been ruled on the last two years. EVERYONE is watching to make sure the rulings are perfect, with no more slack for FD. Yes, 20/20 in hind sight for sure, but even while various documents were flying back and forth, perhaps she should have exercised a much firmer grip on everyone involved in the case. It seems like it just was going along, with all the time in the world.
First time no financial records? One pass. Second time? go home, bring them back. I’ll send the bailiff with you to make sure you come back promptly. We’ll stand in recess until you return at 1:30 this afternoon with the documents. And the familiar “all rise”, everyone stands up and the judge retires to her chambers.
JMHO. No use for a dead beat parent. Note: parent.
This is how laymen feel things should be. But that's just not how it works. And it can't. We have due process in this country and unfortunately it can take awhile.
Both parties in this case litigated aggressively filing hundreds of motions. I assume FD was the bad actor and many of her motions were responsive to his behavior but it can be difficult for the court to know who is right in a he said she said case. Until evidence starts to come out.
Again, it appears that custody took center stage, as it should have, and so many of the financial issues and discovery problems were likely delayed while they sorted out custody first.
As I have said repeatedly, I see not one thing that the judge has done wrong in this case or could have done better. It's easy to armchair quarterback.
There is a process to discovery. And it's not simple. Someone might respond that they don't have further documents or don't have access. So the party requesting the information files a motion to compel believing they are lying. But they have to have proof that the other party has more information or access.
Sometimes they find that proof via other means like subpoenas. It by examining the documents that have been produced. Then they can seek more sanctions or bring it back to the attention of the court.
Also, documents aren't produced at court in the typical discovery process. (Except via certain subpoenas). They're served on each other prior to hearings or trial. Or they're produced outside of court in depositions.
Finally, I have no dog in this particular fight. I'm a family law attorney who often has to fight against the limitations of the system and deal with systemic inequities or occasionally judges who are unjust. (Only a couple times in my career for the latter).
I am well aware of how the system works and how it can be abused by wealthy and aggressive litigants.
I don't know Judge Heller from Adam. But I am able to review some of the process these people have gone through and the records or at least lists of records available. And determine the judge seemed to have adequate control. She did what she could do. She issued rulings with serious consequences for FD and so far there is not one hint that she didn't know what she was doing or could have done something better.
The idea that discovery issues are going to come before the judge in the manner that you suggested or that she would be able to simply order him to go home or to his office with a bailiff and bring back documents before she stands and leaves the courtroom with flourish, betrays a bit of a lack of understanding of the process, the court calendar and system or how documents are kept. For example, some of the documents may be bank records for an account a party failed to disclose. Even if the other side discovered evidence of the existence of that account, the account holder probably can't just dash back to his office and obtain records. Many people don't keep hard copies and he might have to make a request from the bank or even subpoena statements himself depending on how far back the request goes, because banks don't typically keep records easily accessible to clients past a year or so.
I'm not sure why I keep seeing so many posters intent on casting blame against the family law judge in this case for various aspects of it or criticizing her in various ways for her handling of it. All I have seen have been well thought out and serious decisions on her part that evidence an unwillingness to be influenced by money or status and that are child-centered.
Judges are not gods. And this is not a Judge Judy show. It's a complex and often quite frustrating process.
Maybe it's just our human nature to try to find ways such tragedies could be prevented in the first place? We all do that I guess in various ways.
