County recorder defeats appointee in ...

County recorder defeats appointee in Franklin County Probate Court

There are 64 comments on the DispatchPolitics story from Nov 3, 2010, titled County recorder defeats appointee in Franklin County Probate Court. In it, DispatchPolitics reports that:

Franklin County Probate Court Judge Alan Acker, who has drawn controversy since he was appointed to the bench in June, lost to Republican Robert G. Montgomery yesterday, gaining about 41 percent of the vote, according to final, unofficial totals.

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Vishal

Los Angeles, CA

#65 Nov 21, 2010
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Fair-Really Question Mark

Columbus, OH

#66 Feb 13, 2011
> Legal Lady #26 Nov 3, 2010 Columbus, OH
....
And the article about the marriage situation never took the position that Judge Acker was wrong in his application of the law ....
The article was silent about then Judge Acker usurping the exclusive jurisdiction of the juvenile court because the article's author was unaware of what was not known.
... only that the mom was unhappy with it (surprise).
The mom was unhappy because the ex parte conduct of then Judge Acker was brazenly and inexcusably lacking in basic judicial and attorney ethics.
I respectfully submit that the only folks surprised that the mother was unhappy are those woefully ignorant of the proper procedure when parents do not consent to the marriage of their minor child.
That was a hard case and one that Mr. montgomery should be prepared to deal with. Funny thing about probate court-- someone always hates the decision and always thinks it is unfair. Fair isn't the standard.
The case was a slam dunk for any one who understands what the words "exclusive jurisdiction" mean.
Agree that "fair" is not the standard. The Rule of Law is the standard and then Judge Acker was clearly ultra vires when he usurped jurisdiction and "granted permission" in an ex parte "application" (as he called it).
I suggest and hope that now Judge Montgomery would send the children to a juvenile judge to obtain consent then return with the consent.
Several "hated" the decision made by a Muskingum County probate judge (with NO jurisdiction) after he ordered a female sterilized.
Not only was his decision "unfair" it was actionable and there was no way that he could claim judicial immunity when he was hammered in a civil action. The Federal court was clear on the issue.
Billy Bob

Columbus, OH

#67 Dec 26, 2012
" and always thinks it is unfair. Fair isn't the standard. "

Opinions are made more valid when decisions stray from standards established by the law. Make no mistake, Acker is a pos.
Billy Bob

Columbus, OH

#68 Dec 26, 2012
Fair-Really Question Mark wrote:
> Legal Lady #26 Nov 3, 2010 Columbus, OH
<quoted text>
The article was silent about then Judge Acker usurping the exclusive jurisdiction of the juvenile court because the article's author was unaware of what was not known.
<quoted text>
The mom was unhappy because the ex parte conduct of then Judge Acker was brazenly and inexcusably lacking in basic judicial and attorney ethics.
I respectfully submit that the only folks surprised that the mother was unhappy are those woefully ignorant of the proper procedure when parents do not consent to the marriage of their minor child.
<quoted text>
The case was a slam dunk for any one who understands what the words "exclusive jurisdiction" mean.
Agree that "fair" is not the standard. The Rule of Law is the standard and then Judge Acker was clearly ultra vires when he usurped jurisdiction and "granted permission" in an ex parte "application" (as he called it).
I suggest and hope that now Judge Montgomery would send the children to a juvenile judge to obtain consent then return with the consent.
Several "hated" the decision made by a Muskingum County probate judge (with NO jurisdiction) after he ordered a female sterilized.
Not only was his decision "unfair" it was actionable and there was no way that he could claim judicial immunity when he was hammered in a civil action. The Federal court was clear on the issue.
Sure do wish I could talk to you. While a matter hasn't been revealed, the effects of Acker's decisions still reverberate today.

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