Zoom court is still court, even for the judge

Many people forget that attending Zoom court is still court. It may not have the pomp and circumstance like the wood and marbled courtrooms, but the rulings and sentences are still the same. I’ve seen my fair share of questionable outfits (or lack thereof), and interesting places that people camp out for their appearance in court. My favorite was a bathroom, and I had to ask the party if he was there to do business or just find some peace and quiet. Luckily, it was the latter (allegedly).

In Columbia, it appears that even judges are not immune to poor outfit and location choice, as Justice Vivian Polania was recently suspended for three months due to holding court in her underwear in bed, while smoking a cigarette. I mean, if you’re going to be this reckless, go big or go home.

Apparently Polania is well-known for posting provocative pictures of herself on her Instagram, so the thought of her holding court in bed, half-dressed, isn’t a big stretch of the imagination. Her social media posts have prompted disciplinary investigations in the past, but she remained undeterred and upped the ante with the recent antics. Her suspension is unpaid, so who can blame a girl for a little side hustle?

The online video of her during the hearing shows her semi-awake in the middle of a yawn. To double down on the questionable behavior, Polania slurred her words and turned off the camera at one point, perhaps realizing that her appearance wasn’t the most judge-like. Even more disturbing is the seriousness of the hearing she was presiding over at the time – whether bail should be granted for a man accused of a car bombing.

Her response to why she appeared in such a state was that she was suffering from an anxiety attack and had low blood pressure. Polania stressed that she will not change her personality to align with other people’s expectations. Clearly she is an unconventional judge, but that shouldn’t be synonymous with unprofessional.

Attorney Referees Explained

 

What exactly is an Attorney Referee at the Friend of the Court (FOC)? Much like the “Stars – they’re just like us!” columns in the tabloids, we are people just like you (except with JDs and an overwhelming desire to wear black and white striped jerseys). Attorney referees have a special function, if I do say so myself, in the judicial system. We act in a quasi-judicial fashion, meaning we can play pseudo judge, conducting hearings and issuing orders.

Keep in mind that this is just a general overview of what functions referees may perform, and each county usually has its own tweaks to the assigned duties. At the FOC, referees are used for hearings on all motions in domestic relations cases, except for increases or decreases on spousal support as that topic is not within the scope of the statute (see MCL 552.507). Most hearings are set by way of a referral directly from the court after a party files a motion, and some stem from administrative reviews of child support that a party has objected to. We also conduct joint meetings and mediations.

During referee hearings, testimony is taken from the parties and witnesses and the referee issues a recommendation and proposed order on the contested issues. Depending on the circumstances, a referee may be able to issue an interim order for the parties to follow as they wait out the 21 day objection period on the recommendation.

If a party properly objects, the judge determines what happens next. The court can adopt the referee’s recommended order in whole or in part, grant the relief the objecting party is asking for, or hold a new hearing with the judge.

Some referees will give the parties an opportunity to settle the matter prior to conducting the hearing, which offers a less litigious option. Most parties prefer to maintain control over their lives instead of having a stranger like the referee or judge, decide what they will do. The parties may not like or love the agreement, but they know they can live with it. Putting an end to the fighting also helps put an end to attorney fees. If the parties can reach a consent, it is often drafted into an order and forwarded to the court for entry at the hearing, allowing them to have resolution the same day.

Other common referee duties include approving orders before they are entered with the court to ensure that they comply with the law and are processed properly. We provide legal assistance to the office, confer with judges and their attorneys, and prepare motion dockets. In some counties, referees work both the family and juvenile docket, while others are limited to one area.

While we may not blow a whistle for misconduct on the field, we try our best to level it for everyone.