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Respecting the Authority of Florida Probate Judges: the power of contempt

Uncategorized Oct 30, 2013

Are you involved in a Florida probate, estate administration or trust dispute?  If so, here are some guidelines for those who are new to probate litigation or probate administration.  First, understand that our entire judicial system, our civil procedure, our system, or mechanism for resolving disputes peacefully and fairly, is contained in a courtroom.  Second, as a society, we all agree, and are in fact better off for it, that when we disagree, we don’t take matters into our own hands.  To the contrary, we let an educated, experienced, fair and objective, nuetral third party decide who is right and wrong: who wins and loses.  Put another way: the person with the black robe makes the call:  the judge.  Third, to insure and preserve the sanctity and solemnity of our judicial process and civil procedure, we grant to judges great authority.  We trust them.  We give them both great power and discretion.  Part of this authority is the power to enforce our rules and to keep the legal “actors” attentive and honest.  Probate judges know this all too well.  They, like all judges in a Florida court, have the power of contempt and sanctions.  Probate judges have the authority to order someone to do something, or to not do something.  Probate judges also have the authority to take steps if someone ignores the judge and the court.   If a judge orders you to do something, that is a command.  It is a command as if our society or our entire judicial process is looking at you and speaking to you:  to do something.  To not comply with that command is to insult and affront the very nature and backbone of our system of resolving disputes peacefully and fairly.   When judges issue orders and commands, they are not suggestions.  They are to be followed, obeyed.  Do not ignore the probate judge; don’t thumb your nose at our society or our system.  If you do, a probate judge has the authority to hold you in contempt.  If you can’t be found, the probate judge has the authority to issue a warrant for your arrest and have you picked up.  You’ll stay locked up until you do what you were ordered to do.  Think this is un-realistic?  Think this is rare?  Or that you can get away with ignoring a Florida probate judge?  Ask an experienced Florida probate litigator.   Advocate hard. Litigate smart.  Respect our system.