Navy serviceman ordered to daughter's custody hearing, despite being at sea. Judge has threatened contempt charges, and denied him a stay under the Servicemembers Civil Relief Act

Arxces · 2014-06-18T20:22:23+00:00

[permanently deleted]

Arxces · 2014-06-18T23:03:20+00:00

Additional Information

SERVICEMEMBERS CIVIL RELIEF ACT (“SCRA”) 50 U.S.C. App. §§501-597b

"§ 521. Protection of servicemembers against default judgments (...)

(d) Stay of proceedings. In an action covered by this section in which the defendant is in military service, the court shall grant a stay of proceedings for a minimum period of 90 days" (emphasis mine)

There appears to be no discretion in applying this federal law.

Contact information for the Lenawee County Circuit Court

425 N. Main St.

Judicial Bldg. 3rd Floor

Adrian, MI 49221

(517)264-4597

Re-election bid

Judge Margaret Noe is currently running unopposed for the single position of Circuit Court Judge for the 39th Circuit of Michigan, per the Primary results. Her 6 year term ends in 2014.

Allegations of Impropriety

Internet commentator accuses Judge Margaret Noe of corruption, nepotism, fraud, and denying her due process (see the comments below). Do bear in mind that these allegations are unproven and originate from anonymous internet comments.

Electroverted · 2014-06-19T01:49:48+00:00

Odds are, this judge has fucked over men in the past, but now she gets to experience federal, military lawyers. I hope the outcome of her career demise gets just as much publicity as this initial report.

dotonfire · 2014-06-18T23:51:15+00:00

The feeling of helplessness arising from actions like this is why the suicide rate among servicemembers is so high.

Grubnar · 2014-06-19T01:54:12+00:00

Hindes' Navy commanders point to the "Servicemembers Civil Relief Act." It says, "In an action covered by this section in which the defendant is in military service, the court shall grant a stay of proceedings for a minimum period of 90 days..."

But circuit court judge Margaret Noe in Michigan denied that protection for Hindes.

How the Hell can this be legal?

Highspeed_Lowdrag · 2014-06-19T01:36:53+00:00

That judge needs to be removed from power.

Maezren · 2014-06-18T21:43:57+00:00

Fuckin' hell man. I actually work intermittently with the USS Michigan crew. I think the whole crew that is in port right now should head over to this Judges court room in support for this guy to show this judge just how fuckin' stupid her decision is.

Stone_Morningwood · 2014-06-19T03:09:39+00:00

Michigan judges may be removed in one of three ways:

Judges may be impeached by a majority vote of the house of representatives and convicted by a two-thirds vote of the senate.
The governor may remove a judge upon the concurrent resolution of two thirds of the members of both houses of the legislature.
On the recommendation of the judicial tenure commission, the supreme court may censure, suspend, retire, or remove a judge.

Source: http://www.judicialselection.us/judicial_selection/methods/removal_of_judges.cfm?state

frendlyguy19 · 2014-06-18T23:10:27+00:00

doesnt he have like a JAG lawyer or something to represent him?

IrideTheDirt · 2014-06-19T01:58:10+00:00

Forgive my ignorance of the legal system, but if the judge acts in direct violation of of federal law, isn't there a step other than appeal to hold that judge accountable?

If I were a judge in a state that marijuana was illegal in, and I simply just gave every single marijuana charge a "not guilty" verdict because I felt the federal law was wrong in this case, as well as the state law, surely I would be removed from the bench. How can this judge ignore federal law/process in his proceedings?

TL;DR - if a judge acts in defiance of a law, what is the recourse? How is it not automatically grounds for discipline?

frendlyguy19 · 2014-06-19T00:47:23+00:00

does this judge seriously think the US navy will turn the guided missile submarine USS Michigan. (a 700million dollar vessel) around and come back to port so this man can attend her three ring circus?

talk about wishful thinking.

blueoak9 · 2014-06-18T21:27:01+00:00

The commenters are nearly unanimous on that thread, and some of them are already doing activist stuff WRT the judge. There were some stupid comments about harming the judge, but most were just denunciations and efforts tot contact the court and the governor.

pakiswag · 2014-06-18T23:56:55+00:00

Well the good thing is the Navy's defending the father's legal rights.

dungone · 2014-06-19T00:36:05+00:00

People are idiots. I came across a lot of them every time I was being deployed to Iraq. But this is ignorance combined with bigotry.

hotsizzlepancakes · 2014-06-19T02:43:56+00:00

is the judge female?

chillmonkey88 · 2014-06-19T03:51:10+00:00

I hate this states court system when it comes the custody battles... I'll try to forget before I get too worked up...

Edit: deleted family

ilikewc3 · 2014-06-19T04:08:37+00:00

No way this kind of ruling will stand right?

jasiones · 2014-06-19T04:19:51+00:00

I wonder if it would play differently if it was a male judge

whyalwaysm3 · 2014-06-19T06:52:36+00:00

Man common sense is getting rarer and rarer.

jpb209 · 2014-06-19T08:12:27+00:00

Un-Fucking-Believable

2014-06-19T13:03:27+00:00

This is fucked up i wish him the best off luck with this disgusting one sided law system.

nolehusker · 2014-06-19T14:37:18+00:00

If the child is not in the care and custody of the father, the child should be in the care and custody of the mother

Can someone tell me if this is true? I mean is there a law that states it has to be one or the other?

DinoDonkeyDoodle · 2014-06-19T15:55:35+00:00

LOL. This contempt proceeding is going down in flames the moment it hits appeal. The serviceman is going to have hell until then. But seriously, this judge is out of line and/or did not read everything before making her decision. This happens all.the.fucking.time. Just this time, it was just egregious enough to catch the news. Most of the time, the attorneys can an appeal along with a stay against the contempt proceedings pending review as to whether the judge abused her discretion. These are called interlocutory appeals, FYI.

Hateblade · 2014-06-19T07:02:43+00:00

Na, it's cool, Judge. I'll just turn this boat around and head back to the nearest port in the name of feminism.

Seriously, WTF? There should be a program to help out military fathers who may lose their children in divorce since it happens so often. These men are required to be overseas for extended periods of time so they are even more subject to alienation.

waves_of_ignerence · 2014-06-19T07:37:44+00:00

Looking forward to the fascists at AMR doing a smear job on this piece.

Unenjoyed · 2014-06-19T03:19:30+00:00

First, a Circuit Court Judge is begging to be over turned when trying to supercede a federal statute. That level of bs wasn't even mentioned, so there's something else going on here.

Also, if the Navy gave a shit about that man's family, they could get him to be MI about any time. The Navy playing hardball with the courts using this sailor's family as pawns.

king for

Title	Navy serviceman ordered to daughter's custody hearing, despite being at sea. Judge has threatened contempt charges, and denied him a stay under the Servicemembers Civil Relief Act
Author	Arxces
Upvotes	595
Comments	133
Date	June 18, 2014 5:10 PM UTC (12 years ago)
Subreddit	Posted in /r/MensRights
Original Link	https://old.reddit.com/r/MensRights/comments/28h33b/navy_serviceman_ordered_to_daughters_custody/
Archive Link	https://theredarchive.com/r/MensRights/navy-serviceman-ordered-to-daughters-custody.999043 https://theredarchive.com/post/999043

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