Ex parte:
An ex parte decision is one decided by a judge without requiring all of the parties to the controversy to be present. In U.S. and U.K. legal doctrine it means a legal proceeding brought by one person in the absence of and without representation or notification of other parties. It is also used more loosely to refer to improper unilateral contacts with a court, arbitrator or represented party without notice to the other party or counsel for that party.
A ruling made, without the presence of all parties involved. Possibly made without all the evidence presented because, after all, not all parties involved are present.
This is the situation that at least one person says lead to the return of Kelsey Briggs to her mothers home, and eventually enabled someone to beat her to death.
I have followed Kelsey's story for months. At every turn, every release of information I find myself thinking that this story could not get any worse. Sadly, I've always been wrong. Having a lawyer in the family, I know that more often than it is talked about, there are discussions and decisions made behind closed doors, there's always a bit of ex parte going on in a small town where the judge goes out for drinks with the lawyers. And yet, we still expect them to give a fair and balanced decision in the end. In most cases, I would like to believe that that happens. It was not so in the case of Kelsey Briggs. The plea for her safety made by her grandparents was ignored. The wellbeing of a child was discarded, and ultimately- the choice to allow her to return to a abusive home cost her her life.
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Categories: Kelsey, abused
An ex parte decision is one decided by a judge without requiring all of the parties to the controversy to be present. In U.S. and U.K. legal doctrine it means a legal proceeding brought by one person in the absence of and without representation or notification of other parties. It is also used more loosely to refer to improper unilateral contacts with a court, arbitrator or represented party without notice to the other party or counsel for that party.
A ruling made, without the presence of all parties involved. Possibly made without all the evidence presented because, after all, not all parties involved are present.
This is the situation that at least one person says lead to the return of Kelsey Briggs to her mothers home, and eventually enabled someone to beat her to death.
Allison Van Brunt, 25, of Meeker made the accusation about Lincoln County Associate District Judge Craig Key in a sworn statement in March. She said she worked for about six years for Shawnee attorney Greg Wilson, who represented the mother, Raye Dawn Smith, at the hearing. Both the judge and Wilson said her accusation is false.
Kelsey died Oct. 11. Her stepfather, Michael Lee Porter, 26, is accused in a first-degree murder charge of striking her at their home near Meeker. Smith, 26, is charged with child neglect and enabling child abuse.
[...]
In the March 24 statement, Van Brunt said she believes Key made up his mind before the hearing based on what Wilson told her after getting a call from the judge a few days before the hearing.
"We got a call from Judge Key," she said. "Greg took the call. He took it in his office. He came out and said, 'That was Judge Key. ... He said he made a mistake. He feels like he made a mistake and he's going to give custody back to Raye Dawn, but not to say anything.'"
I have followed Kelsey's story for months. At every turn, every release of information I find myself thinking that this story could not get any worse. Sadly, I've always been wrong. Having a lawyer in the family, I know that more often than it is talked about, there are discussions and decisions made behind closed doors, there's always a bit of ex parte going on in a small town where the judge goes out for drinks with the lawyers. And yet, we still expect them to give a fair and balanced decision in the end. In most cases, I would like to believe that that happens. It was not so in the case of Kelsey Briggs. The plea for her safety made by her grandparents was ignored. The wellbeing of a child was discarded, and ultimately- the choice to allow her to return to a abusive home cost her her life.
NewsOK.com | Powered by The Oklahoman and NEWS 9
Categories: Kelsey, abused
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