2010.06.28 - Kyron's Dad files for divorce and restraining order

[gwenabob]

I guess with the new judge, she will need time to go over the case since he left before the holidays. I wonder if this was a planned retirement?

EDIT to add. I guess it was according to this news source.

http://www.highbeam.com/doc/1G1-243078592.html

Looks like Meisenheimer only gave a month's notice of his retirement. I have to wonder with Cluciano if this case was enough to make him want to step down and give to someone else.

 

[gwenabob]

Are judges appointed in Portland? Don't they have to be voted in?

Meisenheimer retired, so someone is appointed to fill his seat. When that term is up, she will have to be elected on her own merits. Sitting judges are almost always reelected--never seen one thrown off the bench by not getting enough votes. Being appointed is a shoo-in to reelection.

I notice the newly appointed judge has lots of family law and was a DA for a time. She might be a good person for this case.

 

[Wendy101]

http://www.mbabar.org/docs/Governor_Meisenheimer_PR.pdf

They knew he was retiring as far back as Nov 29th.

 

[GrainneDhu]

Looks like Meisenheimer only gave a month's notice of his retirement. I have to wonder with Cluciano if this case was enough to make him want to step down and give to someone else.

That seems like pretty short notice. In my state, judges usually give notice a year in advance to help with scheduling. Different states vary, of course.

I hope Judge Meisenheimer's health is good and that he has a long and happy retirement.

 

[LMax]

Somehow I knew this would happen.

 

[tfrohning]

Geesh I not susprise. I starting to wonder if we ever see Terri in court ????

 

[2goldfish]

Poor Kaine. he must feel like he is trapped in a nightmare he will never awake from. one of his babies is missing without a trace and they wont even allow him the dignity of distancing himself from the likely culprit.

 

[ThoughtFox]

So the drama will continue . . . and I'm not surprised. :crazy:

 

[loves2bmom]

I just knew it would be postponed but surprised that it was because of the judge...argh!

I wonder how they decide what date to go with. The article makes it sound like several options were given. I would think Houze would ask for the latest date possible and Rackner would want the earliest but how is it decided if they don't agree? Strange!

 

[Aedrys]

I just knew it would be postponed but surprised that it was because of the judge...argh!

I wonder how they decide what date to go with. The article makes it sound like several options were given. I would think Houze would ask for the latest date possible and Rackner would want the earliest but how is it decided if they don't agree? Strange!

I read the thread title and I was like, you've GOT to be kidding me! And it's not even the lawyers or SA but the dang judge retiring that got this postponed! I know it's not his fault, he probably deserves to be retiring, but the timing is just bad. And the offered dates are as far as three months out, the article said. I would not be surprised me if we have to wait another three months before anything happens.

I just wish Kyron could be found...it sometimes feels like he never will be and this case will just continue to be a standstill...

 

[loves2bmom]

I'm having intermitten posting problems that I'm sure has to do with AOL...always seems to be the culprit.

I can't quote right now but adding to Aedrys' post...I agree that unless they find him, there might not be any movement on this case. I think we'll see some more in the news towards the end of the month concerning the task force though as their Feb 1st deadline approaches. They will need to evaluate whether to continue or push this to the back burner I'm afraid. Praying they find him soon!

 

[Adrienne37]

Totally disgusting that Kaine has to continue to be married to this woman. It must be hell for him knowing that he has to remain married to her for 3 more months. It's bad enough that she won't say what she did with Kyron but unforgivable that Kaine still has to be repeatedly punished because lawyers and judges can't get their acts together.

~JMO~

 

[PDXMom]

*sigh* I had hoped we would at least see a plea of the 5th this week. Ok, so if the divorce is stuck in bureaucracy, and Houze has taken on a new client, what that leaves is the task force's activities, and hopefully more investigation by Rackner's team. It may be good that Terri isn't getting the undivided attention from Houze that she had been getting. I can't imagine her staying quiet forever. I hope against all hope that the DA has someone parked at all times across from her house in Roseburg and has all communication traced to and from that house. And then of course, as winter turns to spring, there's the (dubious) hope that Sauvie Island visitors will come across some irrefutable evidence.

 

[GrainneDhu]

I just knew it would be postponed but surprised that it was because of the judge...argh!

I wonder how they decide what date to go with. The article makes it sound like several options were given. I would think Houze would ask for the latest date possible and Rackner would want the earliest but how is it decided if they don't agree? Strange!

In my state, the lawyers for both sides are presented with the available dates on a printed form and they are supposed to indicate the dates that they have available. The clerk of court then compares the two lists and schedules the earliest mutually available date.

Each lawyer is required to give a reason for each date they reject. Acceptable reasons are stuff like "in court" or "on vacation." An unacceptable reason would be "don't wanna."

If one side suspects the other is being dilatory and can prove it to the judge, the judge will then award a percentage of legal fees to the side found to be dilatory. This percentage can go all the way up to 100%.

That's why my ex had to pay my entire legal bill; his (young and very inexperienced) lawyer could not control her client and after the judge looked at the entire file, he found that my ex and/or his lawyer had been dilatory.

Again, states differ in how procedures, so this may not be true of Oregon.

I think, however, it's pretty universal for lawyers to want to avoid irritating the judge unnecessarily.

 

[loves2bmom]

In my state, the lawyers for both sides are presented with the available dates on a printed form and they are supposed to indicate the dates that they have available. The clerk of court then compares the two lists and schedules the earliest mutually available date.

Each lawyer is required to give a reason for each date they reject. Acceptable reasons are stuff like "in court" or "on vacation." An unacceptable reason would be "don't wanna."

If one side suspects the other is being dilatory and can prove it to the judge, the judge will then award a percentage of legal fees to the side found to be dilatory. This percentage can go all the way up to 100%.

That's why my ex had to pay my entire legal bill; his (young and very inexperienced) lawyer could not control her client and after the judge looked at the entire file, he found that my ex and/or his lawyer had been dilatory.

Again, states differ in how procedures, so this may not be true of Oregon.

I think, however, it's pretty universal for lawyers to want to avoid irritating the judge unnecessarily.

Thank you so much! That was a very clear explanation. Your reason of "don't wanna" made me LOL!! Still, I think it would be pretty easy for Houze to say he's not available earlier given his new murder case. I'm betting the latest date (supposedly 3 months out) is the one that comes to fruition.

 

[cluciano63]

I thought the other guy was her divorce attorney...have the two merged now?

I really don't think Kaine's lawyer will let Houze dictate the new date, without proof of court appearances, etc...I'm not reading anything into this except the judge retired. It seems like short notice, for that type of position, but oh well.

 

[citigirl]

Showing how little I know, I thought a judge would be interested in hearing a case that would tread into uncharted territory--the rights of an individual where civil and criminal trials intersect. It is the one chance judges get to establish a precedent and interpret the Constitution along the lines of their own experience and thinking...

 

[loves2bmom]

I thought the other guy was her divorce attorney...have the two merged now?

I really don't think Kaine's lawyer will let Houze dictate the new date, without proof of court appearances, etc...I'm not reading anything into this except the judge retired. It seems like short notice, for that type of position, but oh well.

:doh: Seriously, I think I DID merge those two together in my head! LOL!

 

[GrainneDhu]

Thank you so much! That was a very clear explanation. Your reason of "don't wanna" made me LOL!! Still, I think it would be pretty easy for Houze to say he's not available earlier given his new murder case. I'm betting the latest date (supposedly 3 months out) is the one that comes to fruition.

I'm sure that Mr Houze has more than one client at a time, so he no doubt has long experience in juggling scheduling problems. For that matter, I'm also certain that Ms Rackner has more than one client and probably has just as much experience in resolving scheduling problems as Mr Houze does.

If he were to cite court dates for his new client at the reason he cannot go for earlier dates, all Ms Rackner would have to do would be look at the court schedule in order to prove that Mr Houze was being dilatory.

I don't know the specifics of Oregon procedures but as a general principle, lying to a judge directly or indirectly (via the clerk of court) is a very, very bad idea.

Nothing I have read in the media about Mr Houze makes me think he would employ unethical tactics to gain such a paltry advantage.

 

[cluciano63]

Showing how little I know, I thought a judge would be interested in hearing a case that would tread into uncharted territory--the rights of an individual where civil and criminal trials intersect. It is the one chance judges get to establish a precedent and interpret the Constitution along the lines of their own experience and thinking...

I kind of thought that too, but he did not seem overly thrilled back when he stated what an unusual case it was, how unique, etc...maybe he decided he did not want to "go out" on a case like this one...