GCO Member Prevails in Court of Appeals Against Chatham County Probate Judge

Discussion in 'GWL News & Information' started by tmoore912, Jun 28, 2020.

  1. tmoore912

    tmoore912 Just a Man

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    TimBob and rmodel65 like this.
  2. Savannah Dan

    Savannah Dan Cross-drawer

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    Bordeaux is a nice guy, but sometimes he just doesn't get it. He should be in family law, not a probate judge.
     

  3. Clark

    Clark Well-Known Member

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    What was the reason Bordeaux denied it in the first place?
     
  4. jrm

    jrm Sledgehammer

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    It's in the opinion. The plaintiff had been convicted of a misdemeanor assault in VA 40 years ago. Bordeaux denied the GWL because the assault might have been a misdemeanor crime of domestic violence. Bordeaux admitted he had no information who the victim of the assault was or that the victim had any relationship with the plaintiff. The plaintiff filed an affidavit the victim was a stranger to him.

    The case has many procedural oddities. Bordeaux did not file an answer to the complaint (i.e., he was in default). The plaintiff filed a motion for summary judgment and Bordeaux did not respond to that. The court granted the motion, and ordered Bordeaux to issue the GWL within 10 days. Bordeaux disobeyed the court order and several months later still has not issued the GWL. The plaintiff filed a motion to have Bordeaux held in contempt for disobeying the court order. No ruling yet on that. The court also ordered the plaintiff to file a motion for attorney's fees and gave Bordeaux 10 days to respond to that motion. The motion was filed and 10 days went by without a response. Bordeaux later appealed the whole thing, and the court of appeals affirmed.
     
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  5. GM404

    GM404 Well-Known Member

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    Sounds like Bordeaux has no business being a member of the judiciary to me.
     
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  6. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Sounds like JQC material and maybe even State Bar ethics material.
     
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  7. jrm

    jrm Sledgehammer

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    Thanks. This is the second Court of Appeals opinion on GWLs to be decided against Bordeaux in the past year. I have two others, fully briefed, for which decisions are due in November. In the first one, decided in October, he had filed a motion for sanctions against me in the court of appeals for filing a frivolous appeal. That motion was denied.
     
  8. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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  9. GM404

    GM404 Well-Known Member

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    Wow. What a f*ing clown. He has no business being in the law business.
     
  10. NTA

    NTA Well-Known Member

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    many of these guys have a 'so sue me' attitude, and it works for them
     
  11. jrm

    jrm Sledgehammer

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    That's not really him. Keep in mind, he is not running the litigation. He is being represented by the county attorney.
     
  12. jrm

    jrm Sledgehammer

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    Today, Bordeaux filed notice of his intention to seek certiorari from SCOGA.
     
  13. moe mensale

    moe mensale Well-Known Member

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    Is it a matter of principle for him since he's "the judge" or doesn't he understand what his fiduciary duties are relative to issuing carry licenses?
     
  14. jrm

    jrm Sledgehammer

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    Dunno. I don't really understand why any neutral government official would care.
     
  15. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    I imagine the Supreme Court is going to take a dim view when the litigant did not even care enough to respond (to the answer or the MSJ).
     
  16. jrm

    jrm Sledgehammer

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    Just to wrap up this case, SCOGA denied cert, Bordeaux issued the GWL, county paid attorney's fees, and they all lived happily ever after.
     
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  17. MSgt G

    MSgt G Member

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    A happy ending!
     
  18. Savannah Dan

    Savannah Dan Cross-drawer

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    Nicely done. Our judge is a slow learner, but he does a good job with guardianships.