JUDICIAL BIAS – A Fine Balance

Judicial bias refers to a situation where a judge's personal opinions, beliefs, or prejudices influence their decision-making in a case, rather than relying solely on the law, the facts presented, and fair legal principles. In an ideal legal system, judges are expected to be impartial, making decisions based on the law and the facts of the case at hand, without favoritism or prejudice. When a judge allows their personal biases to influence their decisions, it undermines the fairness and integrity of the legal process.

Judicial bias can manifest in several ways:

1. Personal Bias: A judge may have personal beliefs or experiences that affect how they view a case. For example, a judge might show favoritism towards a particular gender, race, or social class in their rulings. In family law cases, this could mean favoring one parent over another due to gender-based assumptions about caregiving, even if the law doesn’t support such a preference.

2. Prejudgment: If a judge has already formed an opinion about a case or a party involved before hearing all the evidence, this can lead to biased decision-making. For example, if a judge is publicly critical of one side (like mothers, fathers, or certain groups of people) in similar cases, it could create an impression that their mind is already made up, influencing their impartiality.

3. Conflict of Interest: A judge might have a personal or financial interest in the outcome of a case, which can affect their neutrality. For instance, if a judge knows one of the attorneys personally or has a vested interest in a company or entity involved in the case, they may be more inclined to rule in a way that benefits that party.

4. Cultural or Social Bias: Judges may unintentionally bring their own cultural or social background into the courtroom, affecting how they view the parties involved in a case. For instance, they may give less weight to the testimony of a person from a lower socioeconomic background or show favoritism toward a particular lifestyle or belief system.

5. Inconsistent Rulings: If a judge applies different standards of judgment depending on the parties involved or the type of case (e.g., consistently ruling in favor of one gender or party in family law cases), that could be considered judicial bias.

Why Judicial Bias is Problematic

• Unfair Outcomes: Judicial bias undermines the idea of a fair trial. If a judge's decision is influenced by personal views or prejudices, the result may not be just or equitable.

• Loss of Public Trust: A judicial system that allows bias to affect its outcomes can erode the public’s confidence in the fairness and legitimacy of the law. If people believe that judges are not impartial, they may not respect the rulings or seek alternative means of resolving their disputes.

• Appeals and Reversals: Biased decisions can lead to appeals, which are costly and time-consuming. Higher courts may overturn decisions based on judicial bias, leading to delays and additional burdens on the legal system.

How Judicial Bias is Addressed

• Recusal: In cases where a judge has a conflict of interest or there is a concern about bias, they may recuse themselves (step aside) from the case to maintain fairness.

• Appellate Review: Higher courts review lower court decisions to ensure that bias or errors in judgment did not influence the ruling.

• Training and Ethical Guidelines: Judges are often required to undergo training on ethics, fairness, and bias. Many courts also have rules that prohibit judges from engaging in behavior that could lead to the appearance of bias.

Can Bias Be Avoided?

While it's impossible to completely eliminate personal influences, judges are held to high ethical standards and must avoid any conduct that would compromise their objectivity. Legal systems often have mechanisms like appeals, judicial review boards, and complaints processes in place to help address instances of bias.

In the context of family law, where emotions can run high (especially in divorce and custody disputes), there can be particular concerns about bias. For instance, if a judge has a bias towards mothers in custody cases, this could lead to unfair outcomes for fathers (or vice versa). Addressing this bias is crucial to ensuring that all parties receive equal treatment under the law.

Have you ever seen examples of judicial bias play out in real-world cases or media portrayals? How do you think courts could work to address this issue?

People also ask:

What is a biased judge?

bias. n. the predisposition of a judge, arbitrator, prospective juror, or anyone making a judicial decision, against or in favor of one of the parties or a class of persons. This can be shown by remarks, decisions contrary to fact, reason or law, or other unfair conduct.

Bias legal definition of bias - Legal Dictionary - The F

legal-dictionary.thefreedictionary.com/bias

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When a judge has a conflict of interest?

Recuse. To disqualify or remove oneself as a judge over a particular proceeding because of one's conflict of interest. Recusal, or the judge's act of disqualifying himself or herself from presiding over a proceeding, is based on the Maxim that judges are charged with a duty of impartiality in administering justice.

Recuse legal definition of recuse

legal-dictionary.thefreedictionary.com/recuse

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What is actual bias?

Bias may be actual, imputed or apparent. Actual bias is established where it is actually established that a decision-maker was prejudiced in favour of or against a party. However, in practice, the making of such an allegation is rare as it is very hard to prove.

Natural justice - Wikipedia, the free encyclopedia

https://en.wikipedia.org/wiki/Natural_justice

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What are the circumstances under which a judicial officer may be required to disqualify himself from proceedings?

Judicial disqualification, also referred to as recusal, refers to the act of abstaining from participation in an official action such as a legal proceeding due to a conflict of interest of the presiding court official or administrative officer.

Judicial disqualification - Wikipedia, the free encyclopedia

en.wikipedia.org/wiki/Judicial_disqualification

Search for: What are the circumstances under which a judicial officer may be required to disqualify himself from proceedings?

Originally posted on Researching Reform:

The subject of judicial bias has always fascinated Researching Reform and in the family justice system, where discretion is not just an afterthought but a much-used tool, bias can be magnified and in turn can affect judgement.

We will never be eradicated by any court system, any manipulative mother, any lies, distance or time

...who saw this happen to my Father, just know. You are in our hearts, forever and always.

The Fathers' Rights Movement

Amber Dawn ~

I know I can never fully fathom what my Father went through, let alone the pain that is in all of your hearts, after being separated from your children - it's absolutely devastating, and sickening that mothers can turn so manipulative and mean, and cause so much pain, using children as a manipulation tactic against you.

I know even after all of my Father's rights were taken away (literally, from weekend visits, to supervised visits) because my Mother, like many of your ex's lied to the court system, and completely eradicated any rights he did have.

My father once fought to the extremity to just even see us, call us, talk to us for five minutes on the phone, and it makes me so sad to know how much time had been wasted, not being able to even connect with my Father.

With that being said there is hope, and this is what this comment was about.

I know usually it does not come granted through the court system, since it's completely biased, and one sided, but there is hope. Never give up, because your children, everyday, think about you. Miss you, love you, and you are in their hearts and you will forever have a place there, there is nothing in this world that could replace you, you are planted there, like a tree, with roots of love that will never be eradicated by any court system, any manipulative mother, any lies, distance or time.

Parental Alienation is Recognized as a Form of Child Abuse by American Psychological Association

CASE STUDIES OF PAS IN COURT

Compiled by DV LEAP, Joan Meier, Director, and Andrew Hudson (intern) for consideration by the Committee on the DSM-V

The following brief compilation includes cases that DV LEAP is aware of, either through its own litigation, that of colleagues, and/or press accounts. Where there are published appellate opinions, cases are cited instead in the accompanying memorandum overview of all published cases referencing PAS as of 2009. A very few cases are cited in both this memorandum and the accompanying one.

False Allegations Hurt Children!

False Allegations Hurt Children!

“When you are falsely accused (and intentionally for that matter) the pain can be crippling at times. 

That aside; I wish people cared about what their false allegations would do to the children involved. Even with the pain I suffered and the meds I now have to take on a daily basis, I would have given my life to take my children’s pain and fear of being taken from me away.” — Sara

WHAT CONSTITUTES A FAMILY OFFENSE?

The criminal behavior which has been “civilized” by Family Court Act Article 8 is defined in the penal laws.

This is a crucial aspect to determine whether or not a family offense petition makes out a prima facia case, and is too often overlooked when defending against a family offense petition. Many practitioners look solely to whether or not the alleged actions occurred.

More importantly, a judge is supposed to look at whether or not the petitioner can prove all the necessary elements of the family offense alleged and defined in the penal laws.

Each of the family offenses requires that the petitioner allege and prove intent or recklessness or a repeated course of conduct. A few of the family offenses require a prior such offense conviction.

A form of child abuse has been associated with anxiety, depression, criminality and even suicide in child victims.

A new billboard campaign will spotlight a form of child abuse called parental  alienation.

Parental Alienation is associated with anxiety, depression, criminality and even suicide in child victims.

The billboard image shows a child being pulled out of the loving arms of her father while declaring:

"I am not parental prey. Help me keep mommy AND daddy."

Introduction to Parental Alienation from Stan Korosi

Nearly half of all marriages end in divorce. When they do dads are being made increasingly irrelevant in the life of their kids, often as a result of spite or malice, with tragic consequences on children, families and communities.

Parental Alienation-What is it? How Does it Happen? How Does it Affect Children? from Stan Korosi

A form of child abuse has been associated with anxiety, depression, criminality and even suicide in child victims.

A new billboard campaign will spotlight a form of child abuse called parental  alienation.

Parental Alienation is associated with anxiety, depression, criminality and even suicide in child victims.

The billboard image shows a child being pulled out of the loving arms of her father while declaring:

"I am not parental prey. Help me keep mommy AND daddy."

SOURCE: Canadian Association for Equality

Introduction to Parental Alienation from Stan Korosi

Nearly half of all marriages end in divorce. When they do dads are being made increasingly irrelevant in the life of their kids, often as a result of spite or malice, with tragic consequences on children, families and communities.

Parental Alienation-What is it? How Does it Happen? How Does it Affect Children? from Stan Korosi

STOP THE HEARTBREAK MIAMI-DADE FAMILY COURT JUDGE MANNO-SCHURR

Dear Honorable Chief Judge Bertila Soto,

I am writing to express my deep concern regarding the handling of Mr. David Inguanzo’s case (Case No. 2008-029595-FC17) and the treatment he has received in the courtroom.

I am specifically troubled by the tone and conduct directed toward Mr. Inguanzo by Circuit Court Judge Valerie Manno-Schurr, as reflected in the official court transcripts. Mr. Inguanzo has consistently maintained that he has been the victim of false statements, including a documented false report made by Ms. Nixa Rose to a Miami-Dade Police Officer, an act that constitutes a felony under Florida law. The court’s apparent lack of acknowledgment of these concerns raises serious questions about fairness, impartiality, and due process.

In light of these issues, I respectfully request the following:

1. That Judge Valerie Manno-Schurr recuse herself from further involvement in Mr. Inguanzo’s proceedings to ensure the integrity and impartiality of the judicial process.

2. That the Court evaluate her continued role as Presiding Judge of the Family Division, given the gravity of the concerns raised.

3. That Mr. Inguanzo be immediately reunited with his daughter, Zoraya Inguanzo, through an order restoring normal and reasonable timesharing consistent with Florida law and the child’s best interests.

These requests are made in the hope of restoring confidence in the fairness of the proceedings and ensuring that all parties—especially the child—are treated with justice, dignity, and respect.

Thank you for your time and attention to this matter.

Respectfully submitted,
David Inguanzo

PETITION - Florida Family Court Miami-Dade County FL

STOP Denial of Reasonable Parent/Child Contact #StandUpForZoraya - PETITION

The Cause "Stand Up For Zoraya" celebrates the love fathers have for their daughters, inspiring them to embrace the important role they hold in their daughters' lives and to provide the love, nurture, and emotional support that only they can give. www.causes.com/campaigns/44302-stand-up-for-zoraya

STOP COPYING HERE:

Please send your emails to all of the following: 1. Chief Judge Bertila Soto, c/o: 2.Xxxx Xxxxxx, State Court Administrative Office, c/o: info@courts.FL.gov  3.letters@MiamiHerald.com 4. Call To Action: YourNewsStation@wxyz.com 5. Call To Action:  Newspaper Editorials YourNewspaper@wxyz.com

Find Court Qualified "Supervised Visitation Monitor" - Once a week (for one hour) in Miami-Dade or Broward County.  As Ordered by Judge Manno-Schurr on February 2nd, 2015. WILL PAY - Contact Stuart H. Abramson, Attorney at Law at (305) 270-7796

Obtain a Pro-Bono Guardian Ad Litem (GAL). See a photo of Dad's Motion for GAL Appointment filed by dad and denied by Judge Scott Silverman.

www.causes.com/actions/1779107-sign-the-petition-to-florida-11th-judicial-circuit-chief-honorable-judge-soto

Dad initially (on 12/4/2008) petitioned the court for three things: 1. Pay Child Support  2. Shared Parental Responsibility  and   3. Normal and reasonable Time-sharing. On July 8th, 2010 Dad was granted by Judge Maria Espinosa Dennis: 1.  Child Support   2. Shared Parental Responsibility Judge Dennis stated in the Final Judgment that "Normal and reasonable time-sharing", like the one dad has with his son since 2004 from his divorce, will be granted upon absolute compliance with all items listed in Paragraph number 29 of the Final Judgment. 

Dad has been in Family Court compliance since October of 2010.

www.causes.com/posts/958464-did-you-complete-your-pledge

PICTURE: Zoraya and David - Sister and Brother Separated by Judge Manno-Schurr for NO REASON!!!

www.causes.com/posts/957950-help-david-inguanzo-find-a-qualified-monitor-lmft-lcsw-or-dr-of-psych-etc-to-facilitate-supervised-visitation-with-his-daughter-zoraya

No Contact for Daughter and Father. No Reason Needed - Judge Manno-Schurr.

~~ #StandupforZoraya ~~

   www.thepetitionsite.com/915/981/303/STAND-UP-FOR-ZORAYA

Judge Manno-Schurr It is in the child's best interests that contact and visits be restored SWIFTLY and FULLY11th Judicial Circuit Family Court - Inguanzo vs. Rose 08-29595 - Began: 10/27/20082012 - 

Linda J Gottlieb LMFT LCSW - 

Resumption of Visits ~

It is in the child's best interests that contact and visits with the alienated parent be restored SWIFTLY and FULLY once the suspended contact was determined to be the result of unfounded DV allegations and/or because the alienating parent had unilaterally prevented the contact.

One of the more pernicious and destructive alienating maneuvers is the leveling of false abuse allegations against the targeted parent. 

This emotional form of child abuse is by the alienating  by a parent, then the traumatic results are equal to those of children who actually had suffered abused. 

Exacerbating the damage, such allegations generally lead to the immediate suspension of all contact between the child and the targeted parent during the ensuing investigation. Not only is contact missed, it allows for the poisoning to continue with no possibility for the antidote of the meaningful contact between the child and the targeted parent. Furthering the damage to the child of the suspended contact, the alienating parent invariably informs the child that she/he has been abandoned by the targeted parent!

Paving the way for the resumption of visits and contact. Oh, really? Not so fast. This rarely happens  because the alienating parent declares to the child's attorney (Liar Greenberg) and to the family court that the child is too afraid to have contact resumed with the targeted parent; and naturally these sentiments are validated by the brainwashed puppet child.

So the attorney for the child and the attorney  for the alienating parent recommend the very slow resumption of contact----generally slower than watching grass grow. Some attorneys for the targeted parent have conveyed to me that this situation places them in a double-blind: if they ask for normal resumption of contact, the judge may deny everything. So frequently, the attorney for the targeted parent has little choice but to agree to the resumption of contact at a snail's pace and sometimes supervised.

 www.standupforzoraya.wordpress.com/

THIS IS THE WORST POSSIBLE SOLUTION!

Always in My Heart

We think of you, We miss you, Every single day.

You are the cool rain on a summer’s heat, The laughter that lifts me with every word you speak. You are the rhythm of my heart, The breath that sustains me, The sun, the wind, And autumn’s golden leaves.

You are my pride when I see you choose what’s right, The warmth I feel remembering those nights I tucked you in, safe and sound, Knowing love surrounded you all around.

You are my princess, cherished and adored, Your gentle touch, your eyes I treasure more. From the moment you were born, I knew — I would always be here, watching over you.

You bring me joy, memories beyond measure, A father’s love, a lifelong treasure. I watched you sleep, dreaming unknown dreams, Your innocence made my heart beam.

I saw you run, jump, and call my name — Papi! No love I’ve known has ever felt the same. No sorrow, no pain, no tragedy deep Could ever erase the bond we keep.

So, my little princess, before you close your eyes, Remember: I am your daddy, Forever by your side.

Happy Birthday Daughter 2011

Words of Wisdom to My Daughter about Boys

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Simple Gestures That Say, “I Love My Daughter.”

Family Law...Stop Abusing Children and Families for Profit

Lawmakers Grapple With Changing The Culture At DCF

LK at Legally Kidnapped

Lawmakers Grapple With Changing The Culture At DCF Both chambers of the Legislature took up child-welfare reform Tuesday, hearing from a wide range of experts with research about staff turnover and caseloads.

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