Thursday, April 14, 2022

Not All Judges Are the Same

We’ve all seen judges on Law and Order, the People’s Court, and in famous movies like A Few Good Men. However, did you know that not all judges are the same or play the same role in the course of a legal case? Especially in the practice areas that Marcie Baker specializes in, the judges who work on the claims all play very different roles in Work Comp., Bankruptcy, and Family Law.

Today, I would like to take some time to highlight these differences so that you can have a better understanding as to what to expect if and when your case ends up before a judge.

Work Comp.

Judges in Work Comp. cases come from the Office of the Judges of Compensation Claims, or (OJCC). If an employee and employer cannot come to an agreement regarding their claim/injury, then the OJCC steps in to help navigate the claim. Florida has 32 of these judges that practice across 17 different districts. OJCC judges can request records, reports, and anything pertaining to your injury claim so that they can be as well informed as possible.

Although proceeding before an OJCC is called a trial, there is no jury in Florida Work Comp. trials. Rather, evidence and information will be presented before the judge. The OJCC will then evaluate the claim and make a final decision about the benefits that you are requesting.

Family Law

Florida’s family law court handles all kinds of cases dealing with children and families. These judges are either elected or appointed and specialize in handling all of the types of cases that fall under the area of family law. From name changes, to divorce, adoption, and even juvenile delinquency cases, the goal of the family law judge is to resolve such disputes in an efficient, fair, and timely fashion.

In divorce proceedings, family law judges always lookout for the best interest of the children, if there are any. Additionally, they seek to honor mutual agreements between spouses about the divorce, and if an agreement hasn’t been made, they try to rule in a way that will be beneficial and equitable to both parties involved.

Bankruptcy

Bankruptcy judges are extremely important. While they have the general role that other judges do when it comes to hearing arguments and evidence and deciding, they also have many other roles and responsibilities that are expected of them.

As the primary administrator of the rules in bankruptcy court before debtors and creditors can transfer money between one another the judge will have to sign off on motions made during the process for this to occur. Judges also have the role of deciding if the petitioners qualify for the section of the Bankruptcy Code, they are seeking relief under. Since Marcie Baker specializes in Chapter 7 Bankruptcy, this would be the area judges for her cases would be looking to see if the petitioners qualified.

To better understand Chapter 7 Bankruptcy, please see my previous blogs under the Bankruptcy tab located in the top right corner of the blog.

I hope you found this blog informative and helpful. Judges play an important role in the legal system, but they can’t do it all. It is also important to understand how they can impact your specific case. If you have any more questions or would like to discuss your case, please do not hesitate to contact our office.

**The thoughts and ideas in this blog are meant to be informational ONLY and do not constitute any form of legal advice. Should you have questions about a potential claim you have, please reach out to our office to set up your free consultation with Marcie Baker. 

Sources: https://jculverlaw.com/understanding-the-role-of-florida-magistrates/ https://bankruptcy.laws.com/bankruptcy-court/role-of-bankruptcy-judges https://www.hornsbylawgroup.com/what-is-the-office-of-the-judges-of-compensation-claims/ https://harrisguidi.com/going-trial-workers-compensation/#:~:text=There%20is%20no%20jury%20in,the%20benefits%20you%20are%20requesting. https://www.flcourts.org/Resources-Services/Office-of-Family-Courts/Family-Courts https://farzadlaw.com/what-expect-family-law-judge

No comments:

Post a Comment

Time to Say Goodbye

Happy Thursday, all! Enjoy this upcoming long weekend and the unofficial start to summer! Sadly, all good things must come to an end, and to...