FAQ about KLTV and KTRE's court-ordered marriage story - KLTV.com - Tyler, Longview, Jacksonville |ETX News

FAQ about KLTV and KTRE's court-ordered marriage story

(KLTV) -

NOTICE: This is a news article and is not intended to serve as legal advice. Consult an attorney before making a decision.

Is a court order to get married valid?

KLTV has talked with several criminal law and constitutional law attorneys who say that a judge cannot order a person to get married.  If a couple is ordered to get married,  the order is likely invalid and can be appealed to a higher court for a new ruling.

Why didn’t the couples interviewed by KLTV have an attorney representing them?

In most of the cases that were reported to KLTV, the couples said they could not afford an attorney and chose to be in court pro se or representing themselves.  These cases involved misdemeanor charges and the right to counsel can be waived.

Is Judge Randall Rogers an elected official?

Yes, Judge Rogers has served as a judge in East Texas for over 25 years.  He ran unopposed in 2014 for his seat as County Court at Law #2 Judge in Smith County, and is up for re-election in 2018.

According to the State Bar of Texas, he has no history of public disciplines.

Can the couples get a divorce or an annulment?

In most of the cases reported to KLTV, the couples do not wish to get a divorce or an annulment.  However, the attorneys KLTV consulted say that the order would not prevent someone from getting a divorce.  In addition, the couple could also seek an annulment if they prove that their marriage was forced and not voluntary. However, it is unclear whether a divorce or annulment would have violated their probation in Judge Rogers court.  Judge Rogers has declined requests for an interview on his probation and sentencing practices, generally. 

Where are complaints against a judge filed?

The agency that investigates judicial misconduct in Texas is the State Commission on Judicial Conduct.

P.O. Box 12265 Austin, TX 78711-2265

Tel. (512) 463-5533

http://www.scjc.state.tx.us/pdf/ComplaintForm-English-071309.pdf

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