This morning, Bonnie Rankin took me to explore the Domestic Relations Court. This is where individuals fight disputes involving divorce, child custody, and child support, among the many domestic issues that families may have.
Domestic Relations Court is very different compared to the Lucas County Court of Common Pleas. Ms. Rankin was very patient in explaining to me these differences. For example, because there is no court reporter, jury, or public allowed during trials, most courtrooms where proceedings take place are considerably smaller.
You may have noticed my use of the term "magistrate" in previous blog posts, referring to Magistrate Federal Judges. Federal judges assign cases to magistrate judges to help ease their workload, and are allowed to have misdemeanor, but not felony cases. Similarly, there are magistrates (but not magistrate judges) in the Domestic Relations Court, but they are appointed by judges, conduct all hearings, try cases, but are below the judge. This means that the judge reviews all work done by magistrates. They are still addressed as "Your Honor" in the courtroom.
We watched a magistrate try a case involving separated parents fighting for custody of their two children. I don't think I'm supposed to go into much detail, but I'll tell what I can. The trial was rather unusual because the defendant went pro se (decided not to hire a lawyer), but otherwise, a trial in a domestic relations court happens just like a trial in a common pleas court. One party presented his witnesses, asked the witness questions, and the other party cross-examined the witness. Both parties then present evidence and give a closing statement. The difference is that instead of a jury reviewing the testimony and producing a verdict, the magistrate reviews the evidence produced and presents the decision.
Although it may not see like it, what happens in the courtroom is important and can cause major changes in families. In this case, the parents were fighting for custody over their children. I can't imagine what it would be for either of the parties to not have their children, and I don't want to think about how the children are affected by the decision.
I assume that the decision of the magistrate is binding? Is there an appeal process if someone is unhappy with the decision?
ReplyDeleteThe decision of the magistrate is reviewed by the judge. Both names are signed at the bottom of the case. If someone is unhappy with the decision, he or she would go to the magistrate's judge. The judge will review the case and will overturn the decision or uphold the magistrate's ruling. If someone is unhappy with a judge's ruling, an appeal can be filed to the Ohio Sixth District Court of Appeals (see blog post "1-20-2015: The Ohio Sixth District Court of Appeals" for more information).
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