Our courtroom observer just described what happened this morning in Jane Doe’s forced-marriage case, and we said we could hardly believe what we were hearing. They said that Jane Doe’s attorneys appeared to feel the same way as well.
This morning, we reported that Judge Robert Broadbelt had filed a tentative ruling last night that would have denied Scientology’s motion to force Jane Doe’s lawsuit into “religious arbitration.” That proposed ruling was based on a reading of a new federal law that prevents forcing cases with sexual allegations into arbitration, as well as a conclusion that Scientology’s arbitration is so one-sided it is “unconscionable.”
However, before any of that could be argued today, it was announced in court that David Miscavige had made his first general appearance in the case, and as a defendant he was filing a peremptory challenge to have Judge Broadbelt removed from the case — yes, after the judge had posted his tentative ruling, but before he could make it final.
Our observer said that Jane Doe’s attorney Carmen Scott raised an objection, questioning whether Miscavige’s filing was timely and saying that it seemed suspicious, but Judge Broadbelt said it was timely, and indicated that he was leaving the case.
As for the tentative ruling? It’s apparently swept away and the motion will have to be considered from scratch by whatever new judge is appointed to the case.
Our observer said that the court clerk had indicated that Miscavige’s personal attorney, Jeffrey Riffer, had been at the court before the 10 am hearing, but he did not appear at the hearing itself.
“There was no discussion of the motion. It all got swept away. And nobody wanted to say anything on the record,” our observer said. “Everything starts over.”
So, Miscavige has his personal attorney, Jeffrey Riffer, go down to the court before the hearing, tells the judge he has to leave, and the judge does so before he can make his tentative ruling final?
Is this actually happening?
We don’t know what to say.
Jane Doe, you have been robbed. We can only hope a new judge sees this motion the same way Judge Broadbelt did. But with this courthouse? Who knows.
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I don't understand this rule at all. Is it seriously that easy to get rid of a judge you don't like?
So, all you have to say is “I don’t like this judge, he’s mean!“ and you get to have an entirely new trial? That totally sucks!