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Commentary, sarcasm and snide remarks from a Florida resident of over thirty years. Being a glutton for punishment is a requirement for residency here. Who am I? I've been called a moonbat by Michelle Malkin, a Right Wing Nut by Daily Kos, and middle of the road by Florida blog State of Sunshine. Tell me what you think.

Wednesday, August 03, 2005

Idiot judge story

This story is a little old but I only learned about it today.

An Alton woman embroiled in a divorce case spent more than four hours in jail for contempt of court after she refused a Madison County's judge's order to return a handgun to her ex-husband, a convicted felon.

Elizabeth "Beth" Ritchie, 30, said that complying with Associate Judge Ellar Duff's order, delivered at a hearing on Thursday, would have required Ritchie to commit a crime herself.

It is a felony in Illinois for a felon to possess a firearm, and for anyone to transfer a gun to a felon.

Duff said in an interview Friday that she did not learn until after the hearing that Ritchie's ex-husband was a felon, and that she then ordered Beth Ritchie released from the Madison County Jail. Advertisement


Ritchie said she tried to explain the situation to Duff in court but was ignored.

"I was being ordered by the law to break the law," Ritchie said. "And when I wouldn't, I got thrown in jail."

Ritchie's ex-husband, Timothy D. Ritchie, 34, a used-car salesman from Wood River, was convicted in Madison County Circuit Court of felony drug possession in 1999 and felony theft in 2000. He got probation in both cases.

The Ritchies got married in 2002 and divorced last year. They have a son, now 2 years old.

Beth Ritchie said she did not know of her husband's felony convictions until she opened a letter in 2003 from the Illinois State Police declining Tim Ritchie's request for a Firearm Owner's Identification Card.

In a divorce court order splitting possessions, Tim Ritchie was awarded the pistol, a 9 mm automatic. He said the weapon was a gift from his father.

Beth Ritchie said that, without her husband's knowledge, she had asked her father, Richard Swift, of Grafton, to take the pistol out of the couple's house in 2003.

"I was worried about Tim having the gun there, that it was illegal and could get us both in trouble," she said.

Beth Ritchie said she had mailed certified letters a month before Thursday's hearing to three court officials - Associate Judge Nelson Metz, State's Attorney Bill Mudge and Circuit Clerk Matt Melucci - informing them of the legal dilemma over the pistol. She said she followed the letters up with calls but never heard back from the officials.

Beth Ritchie attended Thursday's hearing with her father.

Tim Ritchie was also present.

Beth Ritchie said that she explained the situation to Duff but that the judge refused to listen.

"She said she didn't care about other circumstances, that I had better return the gun to Tim immediately," Ritchie said.

At that point, Beth Ritchie's father approached the bench, after getting permission from the judge.

"I could see the letter Beth had written, outlining the whole matter, right there on the bench in front of her (Duff)," said Swift, 59.

Swift said he asked whether the pistol could be given to Duff to transfer, "so that we wouldn't be the ones breaking the law."

"At that point, Judge Duff just snapped and ordered my daughter and me arrested for contempt of court," Swift said.

Swift said Duff quickly recanted the order against him. Beth Ritchie was shackled and taken away.

"I was crying hysterically. It was terrifying. I had never been arrested for anything in my life," she said.

Duff said Friday that she had ordered Ritchie arrested because she had been disrespectful.

"This was a disgruntled person who flat out refused, blatantly and disrespectfully in open court, to comply with a court order," Duff said.

When asked whether Duff knew that complying with the order would constitute a crime, the judge said she did not know that Tim Ritchie was a convicted felon.

"That did not come out in open court. If they said it did, they are liars," Duff said.

When asked whether a court reporter had been present at the hearing, so that a transcript could determine whether Ritchie and her father were, indeed, liars, Duff said, "I never said they were liars. You're twisting my words."


How convenient there is no court transcript. Still this judge has an obvious attitude problem. She has no business being on the bench, actually if there was true justice she would be thrown in jail for four hours like she did to Elizabeth Ritchie. But no judge do that to a colleague of hers. See the justice system protects themselves and rarely the public.

I'll say it again. This country's justice system is busted and sooner or later the people in this country will rise up against the corrupt and dumb lawyers and judges who administer their warped idea of justice. The people deserve better that people like Judge Ellar Duff who don't even know the laws.

Hat tip- Overlawyered

 
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