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N.C. District 26 - Judge Paige B. McThenia - Issues/Complaints
Complaints related to Paige B. McThenia - District Court Judge of N.C. District 26 [Mecklenburg county]
(704) 686-0101
This forum is designed to encourage judicial reform. Justice is a right of all citizens not just a privilege of the wealthy and powerful.
Please feel free to post any comments that reveal defects in judgment or abuse of power related to the commission listed above. We also encourage posting issues related to unjust laws (keep in mind that there is a difference between a bad law and a bad judge).
If you are bursting with emotion and feel a need to rant/rave, please feel free (add "RANT" as the first line of your post).
Be aware that most judges have a difficult job and they do well in most instances -- if a mistake was made, the best method of preventing future mistakes of a similar nature is adopting a calm, long-term resolution to correct the error and applying pressure on the judicial system through legitimate sources.
Also, be aware that any posts that are libelous or harassing are prohibited on this site - keep in mind during any rants that describing your feelings about injustices is fine, however, allegations of wrongdoing should be supported by facts.
TIPS:
-Obtain advise from an attorney regarding your legal options.
-Wait a few days before making public allegations.
-Avoid letting your passion make you sound crazed.
-Carefully list all the injustices that you feel occurred.
-Separate the facts from the feelings.
-Research and gather support for your facts and feelings.
-Determine which points are most important to you.
-Think about which points could be most effective at creating reform (and realize that these are not necessarily the same points that are most important to you).
-Pursue your legal options to the fullest extent reasonable.
-Complain to the Judicial Standards Commission (if appropriate) -- it appears unlikely that the Commission will take any action (this forum was created after two complaints were dismissed without further investigation that alleged a total of approximately 64 violations of the North Carolina Code of Judicial Conduct by a Chief District Court Judge in NC).
-The judiciary hates public attention drawn to its flaws.
-Make your feelings or arguments known to the local media - call an appropriate news radio or talk television program with your issues - write a letter to the editor to a local newspaper.
-Sticking to your talking points and using supported arguments will greatly increase the chances of affecting judicial behavior.
-Feel free to ask for help writing a complaint or letter to the editor.
-Don't give up until you feel satisfied that you have made a difference.
RESOURCES:
-NC Radio (by city)
-Links to N.C. Laws, Rules and other resources
-Legal Aid of N.C. (possibly free legal aid for individuals who can't afford an attorney)
-Judicial Standards Commission (complaints against NC judges)
-North Carolina Code of Judicial Conduct (right-click to save pdf)
Pro Se RESOURCES (for representing yourself):
-North Carolina General Statutes
-NC Civil Procedure
-NC Rules of Civil Procedure
-Local Court Rules (select your county)
-Appellate Rules (right-click to save pdf)
*please post the county/address/number of the courthouse/courtroom where the case was heard.
**posts commending the legal system and judicial action are also welcome.
Comments [1]Posted by: Sabryah Alghrary on 12-24-2012
Last year I was sued by my ex husband and his wife to take custody of our ten year old son.
I was given no time to prepare for the case as I was served on a Saturday and the date of the initial hearing had been hand changed and initialed by Judge Paige B Mc Thenia.
Ms. Mc Thenia had granted temporary emergency ex parte custody to my ex husband based on lies. I can understand that at the time because the case had not yet been brought to court.
When the case was tried Judge McThenia should have excused herself from this trial because her daughter attended an elementary school that I publically spoke out against.
However she did not.
She also did not offer my side a fair amount of time for the truth to be considered(this statement is opinion).
She allowed my ten year old to begin school in Key West Florida and then moved him in the middle of the school year to return to Charlotte North Carolina.
Also, a large number of my ex-husbands false claims were signed into law by her.
I pray that no one else ever has to lose their child to the \Wisdom\ of this judge.
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Reply:
Posted by: iDrafted on 12-25-2012
Sounds like your allegations are:
-violations of Due Process (short notice trial impacting ability to mount an adequate defense and possibly limiting your ability to obtain counsel -- mitigated by the potential, if any, to obtain a continuance at the scheduled hearing date).
-violation [of the canons] of judicial conduct by a judge with a conflict of interest failing to recuse (mitigated by whether or not the issue was raised at or before the hearing).
-violations of Due Process [right to hearing] and judicial conduct [improper pressure on one party - contrary to justice] (mitigated by informed willingness to proceed on the date of the hearing, defense mounted, and informed willingness to \rest\ your defense).
-potential violations of judicial conduct by allowing actions [?by your ex-husband?] contrary to the child\'s best interests.
-?false claims included as findings of facts?
Is this matter currently under appeal?
Do you currently have legal counsel?
Were you represented at the hearing?
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Suggest:
Posted by: iDrafted on 12-25-2012
It looks like the most important issues to you are regaining custody of your child and preventing similar injustices.
If so, alleging violations by the judge may distract from your goal - sometimes the process is flawed and the judge\'s hands are somewhat tied.
Think about how important each aspect is to you - getting you kids back, correcting misbehavior in a judge, correcting a process that allowed this injustice to occur (and prevent similar injustices for others). It looks like 50%,10%,40%. Knowing exactly what your end-goal is should help you fight more effectively - making sure your efforts match your goals.
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