What we're all about...

Wake County District Court Judge Anna E. Worley, elected in 2008 and up for re-election in 2012, has been a controversial figure in Wake County family courtrooms. Parents' stories range from curious to downright shocking. As a custodial parent required to endure Worley's apparent lack of wisdom and seemingly arbitrary decisions, I am fighting back against a system whose very slowness and apathy has caused great suffering for my children. After nearly 3 years in Judge Worley's "family" court room, I have emerged with sole legal and primary physical custody of my three children. As thankful as I am for my own personal custody hell to be over, the years spent in Judge Worley's courtroom, the months spent awaiting orders rendered to be entered, the letters written to staff and the Chief Justice to force entry of a final order were nothing short of excruciating for my three children and myself. I will work tirelessly to ensure that I make the public aware of Worley's philosophy, rulings, and courtroom demeanor. Citizens must vote from a position of knowledge rather than ignorance.

04 February 2012

Steve Palme: "Preliminary Injunction, uh, there's no such thing."

Steven Palme, of The Palme Law Firm, gave an unimpressive argument regarding a preliminary injunction against a defendant, which injunction Palme's client had sought and obtained from Worley.  You can see for yourself that this guy is all over the place and anyone who reads the NC Rules of Civil Procedure knows this is just malarky.  But Worley bought it!  She bought it and moved forward with the hearing telling the defendant that everything Palme had just spoken was accurate!  Based on the CD recording of the hearing, here's Palme's unimpressive argument:

     I would say that a preliminary injunction is not an interlocutory order. It’s got no expiration date. There’s no further hearing on a preliminary injunction. It’s just gonna stay in effect.
     You know, there’s nothing in – uh, asking here to say temporary custody, temporary child support order in, uh, in the decree of each one of those that the findings of facts are, uh, nonprejudicial to either party. That the order is nonprejudicial to either party. 
     The preliminary injunction, uh, there’s no such thing. It is a hearing on the merits and it is got the findings in it. They are findings of fact and they are not going anywhere.
     It’s akin to a domestic violence protective order because it essentially restrains one party from doing something that the court has determined is going to cause irreparable harm and in this case have an adverse effect on the minor child. There are no further orders that go into place in a preliminary injunction. The only way to get rid of one is basically either to set it aside, a Rule 60 motion based on some error of law or fact. Or other things that are in Rule 60 in the Rules of Civil Procedure.      
     And beyond that I don’t think there’s any way to get rid of a preliminary injunction.