HomeNewsLocal

Appeals court says judge ruled unjustly in child custody case

Font Size:
Default font size
Larger font size

buy this photo Appeals court says judge ruled unjustly in child custody case

WATERLOO - District Judge George Stigler ruled unjustly against a Cedar Falls man in a child custody case, the Iowa Court of Appeals decided on Wednesday.

The court overturned a November 2007 ruling in which Stigler ordered Matt Weichers to not distribute confidential child abuse reports compiled by the Iowa Department of Human Services. The reports had been entered into evidence.

The case it to be brought back to Black Hawk County to be heard before a different district court judge, the appeals court ruled.

Stigler also awarded the mother of his children, Theresa Weichers, attorneys fees.

In his decision, Stigler referenced an October 2007 Courier article which included DHS officials' claim that Theresa Weichers sexually abused a boy and that her own children should be protected. Matt Weichers provided the DHS documents to the newspaper.

The article also contained an account of two fathers rights groups that picketed the Black Hawk County Courthouse to demand Stigler's impeachment because of his alleged bias in custody cases.

The appeals court ruled Stigler abused his discretion in the ruling, which means he incorrectly applied the law or made a decision based on erroneous information.

Stigler did not require Theresa Weichers to present evidence in support of her case, and ruled against Matt Weichers without allowing him an opportunity to present evidence in his defense, the ruling indicated.

The court wrote Stigler took an adversarial role in the process by apparently basing his decision on information obtained from his questioning of Matt Weichers:

"The manner in which the district court conducted the hearing and its questions of Matthew changed the court's role from an impartial decision-maker to an advocate."

The court noted the state's judicial conduct code requires a judge to "act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary."

The ruling does not bring Matt Weichers, who represented himself on appeal, significantly closer to winning custody of his children.

But he said he considers the ruling an "astonishing win" for fathers rights advocates like Iowafathers.com, a Waterloo-based organization he belongs to.

Weichers said such a rebuke from the appellate court is rare, but in his case not unexpected.

"(Stigler) was so far out of bounds with his ruling, there was really not much choice the appellate court had," he said. "They pointed out an awful lot of areas where he was breaking the rules quite a bit, and that's what is a big deal about this. It's not just that he made a mistake, it's how he felt about me."

Mark Milder of Waverly, the attorney for Theresa Weichers, and Stigler did not return calls requesting comment.

Contact Jens Manuel Krogstad at (319) 291-1580 or jens.krogstad@wcfcourier.com.

Print Email

/news/local
 
Sponsored by:

Connect with Us