LEGAL DEFINITIONS & INFORMATION, REGARDING RULINGS, SETTLEMENTS, JUDGES, AND REFEREES, AND INFORMATION REGARDING WHO PAYS THE REFEREE

The Wedgefield Examiner, has spent time on legal sites reviewing definitions of the words your board has been throwing around, regarding the papers issued by REFEREE Beverly.  I say referee, because if you reviewed the documents, that is the title, following his name.  DeMarchi, and Garrison, have each argued the term judge.  Garrison, has used the term ruling, in regard to the papers, signed by Beverly, who calls himself, REFEREE.  Review the definitions, go to legal sites, and search for yourself.  In the end, you'll find we have a SETTLEMENT, by a REFEREE, who your board paid twice, on the recommendation of Legal Chair Garrison.  Why twice?  We'll never know, because your board never divulged from the board table that we had the first settlement, until they were forced to.  Then they reluctantly said, even though the first SETTLEMENT bore Beverly name, that he didn't sign it, didn't know who signed it, never investigated who signed it, and moved onto a second settlement, and paid Beverly AGAIN.

THE WHOLE THING SMELLS OF POOR, POSSIBLY MANIPULATED SETTLEMENTS, AT OUR EXPENSE, ON CRITICAL ISSUES, WITH MISREPRESENTATION OF TERMS, AND OUTCOMES, AND WHAT THEY MEAN FOR OUR FUTURE.  

Settlement in legal terms refers to when parties to a lawsuit resolve their difference without having a trial. Settlements are negotiated by their parties, usually through their attorneys and/or insurance adjusters, but final approval of a settlement offer must rest with the parties to the lawsuit. A settlement reached just before trial or after a trial or hearing has begun is often "read into the record" and approved by the court so that it can be enforced as a judgment if the terms of the settlement are not complied with. Many states require a settlement conference a few weeks before trial in an effort to achieve settlement with a judge or assigned attorneys to facilitate the process. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. The settlement agreement in a civil lawsuit is the document that spells out the terms of an out-of-court compromise.

Out of court settlement or negotiated settlement is the resolution of a dispute initiated and completed outside of the formal judicial process, without judicial intervention, supervision, or approval. An out-of-court settlement provides that the parties relinquish their rights to pursue judicial remedies.

ruling

noun adjudication, award, command, court's finding, decision, decree, determination, edict, finding, findings of fact and conclusions of law, judgment, judicial determination, judicial proclamation,judicial pronouncement, opinion of the court, order, order of the court, pronouncement, resolution, rule, verdict

JUDGE: A public officer chosen or elected to preside over and to administer the law in a court of justice; one who controls the proceedings in a courtroom and decides questions of law or discretion.

Referee

A judicial officer who presides over civil hearings but usually does not have the authority or power to render judgment.

A referee makes recommendations to the judge or court that appoints the referee but generally does not issue enforceable orders. A referee generally cannot render judgment in a case. The referee's general duty is to provide a report to the appointing judge on the issues of fact or law that prompted the referee's appointment. It has been said that "nothing can originate before a referee, and nothing can terminate with or by the decision of a referee." Referees generally serve at the pleasure of the judge and accordingly hold less judicial authority than the appointing judge. As a judicial officer, a referee is subject to the Code of Judicial Conduct.

1. What do Referees do?
   
   In complex cases, parties can agree to have a Referee help them move their case along. Referees can help the parties exchange papers, and help settle some of the issues so the trial can be shorter. Referees often decide on discovery disputes. Usually, the Referee will recommend a solution to the Court. The Judge can accept the recommendation and make it final. Sometimes, parties ask the Referee to settle the whole case. Parties can give the Referee as much authority as they want. This can make the process go faster. If they want, parties can agree (stipulate) to make a Referee’s decision "binding" (final).
    Who chooses the Referee?
2. The parties can choose their own referee. Or sometimes, the court appoints a referee. If the court appoints a Referee, the parties have 15 days to object in writing if they are not happy with that Referee. 
3. How do we choose a Referee?
   
   Choosing a Referee is just like choosing a mediator. Parties must find someone everyone can agree to use. The ADR Administrator has a list of mediators, neutral evaluators, and private arbitrators who can help you with your case.
4. 
   
5. Who pays for the Referee or Special Master? 
   
   The parties pay the Referee or Special Master. The parties decide on how to divide the fee. 
    
6. What are the qualifications of Referees and Special Masters?
   
   Choose someone who knows about the area of law that is involved in your case. Choose someone with good personal skills and who is a good negotiator. It also helps to choose someone with experience in handling court cases. Choose someone you think will be fair to all parties, who can listen, and who can sort out the different facts and understand the legal questions.