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Legally Disabled Parties to Family Court Cases May Be Entitled to Excessive Continuances on Grounds Unrelated to Their Case

By Janet Langjahr

Continuances are a fact of life in the legal system, for many reasons. But, in some cases, things really get out of hand. And judges usually don’t like it.

Take this California case. Many court appearances and many continuances.

The wife had two types of cancer and suffered from bipolar disorder. Out of money, she was representing herself.

And she checked herself into the hospital because of her psychiatric condition on the day before her re-set trial.

The trial judge decided that enough was enough and proceeded with the trial in the wife’s absence.

On appeal, the court reversed. The appellate court held that the woman was entitled to an accommodation under the Americans with Disabilities Act and a related California court rule.

The court ruled that the trial court did not have the same degree of discretion in denying a continuance as an accommodation to a disability as for other reasons.

Read more in this Los Angeles Metropolitan News-Enterprise article: C.A.: Judges Violated ADA by Denying Trial Delay to Bipolar Pro Per.

Full post as published by Florida Divorce - Child Custody - Domestic Abuse Law on January 25, 2008 (boomark / email).