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yesterday, a florida judge ordered a defendant to marry

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MsFlorida Donating Member (370 posts) Send PM | Profile | Ignore Tue Nov-27-07 10:43 AM
Original message
yesterday, a florida judge ordered a defendant to marry
This is true. It has no bearing on the original charge (a driving issue). Its in Florida and I was there. He has to bring a marriage certificate back to court on December 27th.

We arent sure what to do with this.
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ourbluenation Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-27-07 10:44 AM
Response to Original message
1. huh? could we get some more details? n/t
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Ellen Forradalom Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-27-07 10:47 AM
Response to Reply #1
4. Yes please
How did that come about?
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MsFlorida Donating Member (370 posts) Send PM | Profile | Ignore Tue Nov-27-07 10:49 AM
Response to Reply #1
6. details
its my son and the judge ordered him to get married and come back to court with a marriage certificate. we have the court papers that state exactly this. He originally was in court for a driving issue and the subsequent classes that follow. He had missed an evaluation due to the birth of his new son (not married to the mother).

This evaluation is the last hurdle that needed to be met. Fines have been paid, community service performed, etc, etc

I'm a little hesitant to put too many details, because we were in court and the judge wanted to put him in jail for 29 days.

Anyway, the public defender is taking this up with the boss.....seems to me this is very very illegal....
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hlthe2b Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-27-07 10:53 AM
Response to Reply #6
7. A complaint can be filed against the judge...
ACLU might be interested as well...
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ourbluenation Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-27-07 10:56 AM
Response to Reply #6
8. so he was there for a traffic issue and the judge didn't like that he wasn't married to his childs
mother? Is that the gist of it?
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MsFlorida Donating Member (370 posts) Send PM | Profile | Ignore Tue Nov-27-07 10:57 AM
Response to Reply #8
10. yes.
judge didnt like it that he wasnt married to the mom.
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ourbluenation Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-27-07 11:30 AM
Response to Reply #10
25. i'm sure there are many, many attorneys who take your sons case for free. outrageous.
go to court for a traffic fine and come out married.
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eFriendly Donating Member (260 posts) Send PM | Profile | Ignore Tue Nov-27-07 11:00 AM
Response to Reply #6
11. File a complaint with the Chief Circuit Judge in your county.
Edited on Tue Nov-27-07 11:05 AM by eFriendly
Regardless of what the public pretender...err... public defender tells you his boss says. Filing a complaint with the Chief Circuit Judge should put a halt to that BS quick.
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Warpy Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-27-07 10:45 AM
Response to Original message
2. The judge overstepped his authority
in a traffic case. Considering how expensive divorce is, I'd avoid complying. Of course, a certificate could be followed by an annulment the same day, but that can be a little tricky.

Better to force an appeal of that particular ruling, make a stink to media, and get the judge a psychiatric evaluation.
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CorpGovActivist Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-27-07 10:46 AM
Response to Original message
3. Cruel and Unusual Punishment - Fast Track to the Supreme Court...
... if true.

:rofl:

- Dave
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CT_Progressive Donating Member (889 posts) Send PM | Profile | Ignore Tue Nov-27-07 10:48 AM
Response to Original message
5. Did he say the marriage certificate had to be filled in?
He could comply by bringing a blank one.
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Froward69 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-27-07 10:56 AM
Response to Original message
9. Till Death do us part
is in reality a GOAL...:rofl: :rofl:
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MsFlorida Donating Member (370 posts) Send PM | Profile | Ignore Tue Nov-27-07 11:01 AM
Response to Reply #9
12. from the clerk of court website....its there

11/26/2007 MNFD DEFENDANT FAILED TO RETURN WITH TASC EVALUATION AND ENROLLMENT/ATTENDANCE IN
11/26/2007 MNFD --COUNSELING.DEFENDANT IS ALSO TO RETURN WITH MARRIAGE
11/26/2007 MNFD --CERTIFICATE.DEFENDANT WAS DRUG TESTED. DEFENDANT TESTED NEGATIVE.
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yardwork Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-27-07 11:11 AM
Response to Reply #12
15. It sounds like the judge is fundamentalist who thinks that marriage will help your son.
Filling in the pieces, it sounds like the situation is something like this - your son was charged with DUI. The court ordered him to attend counseling, do community service, and stay clean for a certain period of time. He missed one of the evaluations and told the judge that it was because his child was being born (congratulations on becoming a grandparent, by the way!).

The fundy judge pounced and said, "Son, all you gotta do is get married and get your life together. Marriage will straighten you right out!" Am I in the ballpark?

As the mother of two teenage sons, my observation is that your son probably doesn't need to get married right now. He probably needs to focus on his life, get on track toward some kind of degree and a good job, and put time and energy into being a good father to his child. Later, maybe he'll be ready to get married. Right now, that would just be adding more stress to a stressful situation. And who says the mom wants to get married, either?

I'd definitely appeal this somehow. It can't be right for a judge to order somebody to get married. Stupid fundy judge...
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donsu Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-27-07 11:18 AM
Response to Reply #15
18. yes, a religiously insane judge - hope ACLU is to the rescue
nt
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seriousstan Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-27-07 09:54 PM
Response to Reply #12
38. Did your son claim to have already been married in court?
It sounds like he used his "marriage" in court and now the judge wants proof.
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PeanutGallery Donating Member (12 posts) Send PM | Profile | Ignore Wed Nov-28-07 10:17 AM
Response to Reply #38
40. I can't believe that you can't read between the lines here
Looking at this thread, it appears that seriousstan is about the only person who has a clue what's really going on here. If Ms. Florida's son said in court that he was married in an earlier hearing, the judge has EVERY right to ask for documented proof that what he said is the truth. It's not an infringement on his privacy or sentencing him and a woman to a "life sentence" by forcing them to become a couple. So save your calls to the ACLU and the news stations. I'm also willing to bet that if he doesn't produce a marriage license, the judge will take that into account when judgment is passed, and it's not going to be nice for the son.
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MsFlorida Donating Member (370 posts) Send PM | Profile | Ignore Wed Nov-28-07 01:31 PM
Response to Reply #38
42. no, never claimed he was married
Judge knew he was not married. He was ordered to obtain a marriage license, get married and come back to court with the marriage certificate
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JoDog Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-27-07 11:05 AM
Response to Original message
13. Whoa!
The judge is completely out of order on this one. While it would have been entirely appropriate for the court to ask your son for a copy of his child's birth certificate/medical records to confirm that he missed an obligation due to those circumstances, your son's marital status has nothing to do with the case before the court. It sounds like you have found a judge that believes in old-fashioned shotgun weddings and is using your son's vulnerability before the bench to enforce a specific social agenda.

It might sound cliche--but ALERT THE MEDIA! Call up the local newspaper/TV station, ask for the news editor or the reporter on the courts beat, and tell them the story. If the judge has a history of strange rulings, they might know about it. If they aren't interested in it as a news story, see if a local columnist wants it. If no one there is interested in the story, call other papers or TV stations until you find someone who is. Depending on where you are at in Florida, try the Miami Herald or the Atlanta Journal-Constitution and the TV affiliates in those cities. And e-mail it to Keith Olbermann (sounds like a natural for his "Worst Persons in the World" segment).

Above all--do not let your son get married until the last possible minute after you try everything else possible! Make arrangements (like taking out a marriage license) so he is ready to do what he needs to do to maintain his freedom.

This judge is cruising for a bruising, and you need to make sure he gets it.
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ixion Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-27-07 11:11 AM
Response to Reply #13
16. yeah, I can't see how this would be a legal stipulation
I would fight it tooth and nail.
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ieoeja Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-27-07 11:10 AM
Response to Original message
14. Is your son listed as the father on the birth certificate?
Edited on Tue Nov-27-07 11:10 AM by ieoeja
THAT would be more definitive evidence supporting the reason you cite for your son missing his evaluation than a later marriage.


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LeFleur1 Donating Member (973 posts) Send PM | Profile | Ignore Tue Nov-27-07 11:16 AM
Response to Reply #14
17. Does the Woman in Question...
...have any say in this or is she just a non person.
What a bunch of BS.

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yardwork Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-27-07 11:25 AM
Response to Reply #17
22. Didn't you get the memo? We're living The Handmaid's Tale.
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JoDog Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-27-07 01:49 PM
Response to Reply #17
37. Good point
The judge seems to presume that the lady involved will jump at the chance to marry Ms. Florida's son. Meanwhile, she may have no interest in getting married right now...or ever. Really starting to sound like his honor is a crazy rightie who still believes that all women desperately want to get married.

Will the young man in question be able to simply go back to court and tell the judge, "Sir, I tried to comply with your order, but she won't have me!"
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RB TexLa Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-27-07 11:20 AM
Response to Original message
19. 1) Separation of State and Religion 2) There is another person who has to consent
Edited on Tue Nov-27-07 11:22 AM by RGBolen
First one might or might not fit. I would ask the judge what other sacraments he is going to try to order me to receive. The second, the judge just thinks the woman wants to marry your son? I get the idea that the judge probably believes a woman can't raise a child herself and has to have a husband.

I understand this is a horrible position your son is in with the penalties but what is the judge going to do if he goes back and says she said no.
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yardwork Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-27-07 11:26 AM
Response to Reply #19
23. The judge would probably threaten to throw the mother in jail, too.
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rocktivity Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-27-07 11:22 AM
Response to Original message
20. Cross post this in DU Florida state thread
Edited on Tue Nov-27-07 11:22 AM by rocknation
There may be local people there who can help you. By all means, talk to a lawyer, file complaints and alert the media. How old is your son, by the way?

:headbang:
rocknation
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MsFlorida Donating Member (370 posts) Send PM | Profile | Ignore Tue Nov-27-07 12:48 PM
Response to Reply #20
35. son's age
he's 25 going on 16 most of the time....lol
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magellan Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-27-07 11:22 AM
Response to Original message
21. I'd have to agree with the advice given so far
Even if your son indicated he intended to marry his girlfriend, the judge can't order him to do so as part of clearing up a traffic matter!

Call the ACLU to see what they make of it, and then call News Channels 2, 6 and 9.

WESH: 407 645-2222
WKMG News 6 (newsroom): 407-521-1323
WFTV Eyewitness News (newsroom): 407-822-8353

Good luck, I hope to see it on the local news.
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walldude Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-27-07 11:28 AM
Response to Original message
24. Forced marrige.. Woo Hoo it's the Dark Ages!!!
This is nuts. There is no way this could hold up. The judge has no right. As a matter of fact he needs to be removed, for a judge he obviously knows little about the law.
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MindPilot Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-27-07 11:41 AM
Response to Original message
26. Did the judge specify who your son must marry?
Edited on Tue Nov-27-07 11:41 AM by MindPilot
Or did he just say come back married?

You son should come back married to a man...just to watch the judge's head explode.
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Romulox Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-27-07 11:52 AM
Response to Original message
27. Sounds like the judge is saying: Either get married, or face the punishment for parole violation...
I'm not justifying it, but it puts a different spin on things...
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Freddie Stubbs Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-27-07 11:57 AM
Response to Reply #27
28. What kind of 'driving issue' would warrant probation or parole?
DUI? :shrug:
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Romulox Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-27-07 11:58 AM
Response to Reply #28
29. DUI would be the most obvious...nt
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Marnieworld Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-27-07 12:00 PM
Response to Original message
30. Was there any consideration to the woman's feelings?
IS she supposed to comply legally too? What if no one wants to marry him? This is insane.
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GliderGuider Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-27-07 12:12 PM
Response to Original message
31. Get that idjit off the bench!
One person broke the law. But two people get a life sentence?!

I suppose he figures she broke God's law by having a bastard child and deserves punishment, too.
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MsFlorida Donating Member (370 posts) Send PM | Profile | Ignore Tue Nov-27-07 12:34 PM
Response to Reply #31
32. it was a dui
and this is the same court where Judge Sloop was just removed from the bench for outrageous judge behavior.
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MsFlorida Donating Member (370 posts) Send PM | Profile | Ignore Tue Nov-27-07 12:39 PM
Response to Reply #32
33. more info
baby came early, thanks for the congrats on my new grandson by the way ! He is adorable.

mom had to have an emergency c section. She is not in the best of shape and this judge wants them to marry -- its incredible.

My son is probably not the best candidate for marriage at this time, has a lot of growing up to do. I cant believe that the judge would condemn the mom to a life like this. While I do adore her and she is a good person -- this may not be the best choice for her.

I just have to be really careful here, florida is not the best state to live in because of their backward legal system.

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ourbluenation Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-27-07 12:48 PM
Response to Reply #33
34. your son may be good, bad, or indifferent in terms of marriage - bottom line
it's none of the judges god damn business.
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Freddie Stubbs Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-27-07 01:25 PM
Response to Reply #33
36. The judge can't punish the mother if she doesn't want to get married
Only the guy on probation.
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yodermon Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-28-07 11:18 AM
Response to Reply #33
41. Did your son ever assert, during court proceedings,
that he was in fact married, and the judge is asking for proof of this claim?

Or, is the judge just saying "I know you're not married but I'm ordering you to do so"?

If it's the latter then I think you do have a good ACLU case on your hands. This judgement directly "punishes" someone (the mom) not listed as a defendent in the original DUI case. Sounds unconstitutional to me.
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PeaceNikki Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-27-07 10:05 PM
Response to Original message
39. Wow.
That's unbelievable.

Please seek legal advice and keep us posted.
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