Legal Question in Family Law in Louisiana

Can I counter-sue court?

My ex and I went to court in a certain parish. His attorney is the vice president of that certain judicial court. Everything was ruled in my ex-s favor. My ex also now works for the same court. Isn't this a conflict of interest? I was told I could counter-sue the judge's decision because of this. I had asked to move our case to a diff. parish but I was denied. However, I have proof that the mediator in our case passed my ex and attorney papers that was only meant for the mediator and the judge. What I would like to know is if I can counter sue my ex and her attorney?


Asked on 10/22/05, 4:52 pm

1 Answer from Attorneys

Hardy Parkerson Retired Attorney; now Law Professor

Re: Can I counter-sue court?

Dear LawGuru Friend,

Your questions is a bit confusing. First of all, courts do not have vice-presidents. Local Bar Associations that serve certain judicial districts do. Perhaps that is what you are referring to. It could be that your ex-spouse is some type of an employee of the district court where your case was heard. If so, this could very well constitute a conflict of interest for that particular district court to hear and decide your case. Almost anything is possible in the law and the legal system, but sometimes it is hard to "unscramble eggs," especially when certain defenses and/or objections are not raised early enough. As far as the Mediator's sharing confidential documents with your ex-spouse, that might be reason for a new trial. You talk about counter-suing. I would imagine that it is too late to counter sue, but these flaws in the proceedings may be sufficient to warrant and sustain a petition (suit) to nullify a judgment because of fraud, or some such defect in the proceedings. I wonder what parish this is in. It sounds a little like Calcasieu Parish to me. You are doing the right thing, talking to a lawyer. However, the lawyer would need to know more about your case than what is posted in your question. If you would like to call me and discuss this with me by phone, my phone number is easy to obtain through information. There will be no charge for just talking this matter over on the phone. This is not a solicitaiton for your business, as I have more business right now than one lawyer can handle. Best of luck with your legal problems! Feel free to call me, or any other lawyer. Most lawyers will talk with you by phone at no charge, just in hopes of possibly getting your case. Not all lawyer, but some. Again, good luck!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles

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Answered on 10/23/05, 2:24 pm


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