Judge overruled in collection case Thomas Clouse Staff writer February 1, 2007 Betty Winfrey lets a handful of her 20 grandchildren and 20 great-grandchildren use the mailing address at her tidy house south of Interstate 90, resulting in stacks of mail every day. For that reason, Winfrey initially ignored the notices that began arriving in 2004 from a collection agency demanding she pay a towing bill for a car she never owned or used. Then came the notice in 2005 that she was being sued in Spokane County District Court, a development Winfrey welcomed because she was certain that the judge would put a stop to the collection agent's accusations and demands that she pay more than $1,000 she didn't owe. Read the rest of the story here: http://www.spokesmanreview.com/breaking/story.asp?ID=8595
She should have at least recused herself, but if this is what passes for legal reasoning, they need a new judge.
That isn't the only place they need new judges. I heard of a case last night where the Chief Justice of a State Supreme Court may have been removed from his bench for outright fraud. The rumor remains totally unconfirmed at this time however. Cases of judicial misconduct are much more rampant than the average man on the street might imagine. I don't remember where it is but there is a web site that details judicial misconduct and another where one can comment on the performance of judges wherever they live.
Conflict of interest aside...something else caught my attention. Is it me, or does there seem to be a trend for CAs to show up in court and say "If she'd have only done this," or "If they'd have only done that, we'd have dropped the case." It's total manipulation of the system and makes the other party look like they didn't try. When in reality, the CA most likely never even offered that "if only" beforehand as a means to resolve the issue.
The principle of "plausible deniability". You got to give some excuse, true or not. Also, standard legal tactics. Blame the plaintiff. "Your Honor, he made me do it. If he hadn't been in front of my gun, I wuld have never pulled the trigger." One of the reasons you probably want to file FDCPA cases in Federal court, where the defense is probably less chummy with the judge.
