
On Friday, March 6th, 2009, Judge Ned Mangum gave his verbal ruling in open Court on Venessa Mills' case #08CVD17753.
Here's what the
Wake County Family Court Rules say should happen next:
According to Rule 18.1, the final order/judgment should be submitted "within 45 days of the date of the completion of the hearing or trial."
The rules also state that, unless otherwise agreed, a draft order is prepared by the "prevailing party." In this case, it was Mr. Mills' attorney who wrote the provisional order. Despite Judge Mangum stating that this wasn't a "win or lose" situation, Mr. Mills clearly "won."
Rule 18.1 goes on to say that whoever is preparing the draft order must submit it to the opposing party for review "no later than fifteen (15) days after a ruling in announced in open court or otherwise communicated to the parties." The opposing side should then have "ten (10) days"
from when they receive the proposed order to make a written response with any objections, modifications, or additions.
It is very clear that the draft order should not be submitted to the judge until "after ten (10) days have passed since the delivery to the opposing party." Rule 18.2 specifically states: "
No order shall be submitted to the assigned judge before ten (10) days have expired since delivery to the opposing party."
Assuming that these rules are followed and the two sides cannot agree on the wording of the order, Rule 18.4 directs that it should be "submitted to the Court for review." At that point, "the judge, in his/her discretion, may resolve the disputed issues based upon these written submissions" - and also has the option of scheduling a conference to help in the resolution procedure.
Now, here's what actually happened in Venessa Mills' case:Friday, March 6th: Judge Mangum gave his verbal ruling.
At some point, Judge Mangum communicated to the attorneys that he wanted to sign the final Temporary Order by March 13th - only seven (7) days later. An attorney stated that this was "very unusual" - especially considering the open-ended nature of much of his ruling. No mention was made of the 45 days allowed by Wake County Family Court Rules, Section 18.1 - or that, if the rules of the court were to be followed, the timetable set by Judge Mangum would have been
impossible.
Apparently, the "rules" are written for the attorneys, not for the judge - meaning that, conveniently, the judge can do whatever he wants.
Monday, March 9th: Ms. Meyer, attorney for Mr. Mills, sent a proposed order to Venessa Mills' attorney.
According to the Wake County Family Court Rules, Section 18.2, Venessa Mills and her attorney should have had ten (10) days from this date - i.e. until March 19th - to submit a written response.
Wednesday, March 11th: The first press story was printed regarding this case, and the details of Judge Mangum's imprudent remarks about homeschool hit the media and internet.
Thursday, March 12th: Venessa's attorney let her know that Judge Mangum granted "additional time to respond to the proposed Order of the full ten (10) days." At this point, it was assumed that Venessa had until Monday, March 16th, to respond - which was still only ten days from the date of the verbal ruling, not ten days from when her attorney received the draft order, as Rule 18.2 specifies.
Friday, March 13th: Both parties received an e-mail from Judge Mangum's assistant telling them that "since the proposed draft of the order ... has not been completed within the timeframe that Judge Mangum has asked, he will be drafting this order. If you would like to include anything in the order, please have those to Judge Mangum no later than by noon on Sunday, March 15th."
According to Rule 18.2, the judge should not even have had the order until March 19th, let alone have demanded that responses be submitted to him by noon on a Sunday - which just so happens, of course, to be Venessa Mills' sabbath day of worship.
Once again, the "rules" - which are written by the court - apply to everyone else, but not the judge.
Sunday, March 15th: Ms. Meyer emailed Judge Mangum the proposed order drafted by herself.
Yet Rule 18.2 specifically states: "No order shall be submitted to the assigned judge before ten (10) days have expired since the delivery to the opposing party." The opposing party - Venessa's attorney - only received the proposed order on March 9th, but only six days later the order is sent to Judge Mangum.
However, as the "rules" don't apply if Judge Mangum ignores them or overrides them, it appears that no sanctions can be taken.
Monday, March 16th: Venessa's attorney at the time emailed Judge Mangum requesting an additional ten (10) days so that they could adequately prepare their response.
Tuesday, March 17th: Judge Mangum emailed Venessa's attorney to tell her that he had already "completed the custody order" over the weekend and it would "be filed with the clerk later today."
The final Temporary Order, written and signed by Judge Mangum, is substantially different from his verbal ruling. It contains vast amounts of added material and is significantly more prejudiced against Venessa Mills than even the order drafted by Mr. Mills' attorney.
In my opinion, the facts speak for themselves and Venessa Mills was clearly denied due process - perhaps not by the "legal" definition, but certainly by any standard of morals and justice.
Rule 18.5 of the Wake County Family Court Rules states that "Non-compliance with any section of this Rule shall result in the imposition of sanctions or penalties as deemed appropriate and as allowed by law."
However, it is my understanding that no action can be taken against Judge Mangum or Ms. Meyer for changing the rules in the middle of the game - because the "rules" were never even intended to apply to judges.
It makes a mockery of justice for the Court to establish "rules" that the judge can bypass at will, while threatening sanctions and penalties against anyone else. Again, look at the time-line of events and you can draw your own conclusions about Judge Mangum's motivations. I believe the evidence shows his entire handling of this case has been prejudicial and incomprehensible from the beginning.
Sadly, it cannot even be asked if Judge Mangum is "above the law" in this type of behavior, as the law seems to have nothing to do with the "rules" of the court - unless they are broken by someone other than a judge, of course.
It's time that we stood up and demanded some laws that would actually apply to everyone equally and help to ensure fair treatment in court situations like this. Otherwise, other people will continue to suffer the same experience without recourse or protection.
The consequence of not standing up for justice will be that our Constitution will be more and more treated like "guidelines" rather than actual rules. History teaches us that the erosion of moral justice starts small and hidden but can spread to engulf a whole nation.