QUESTION

Can some besides a Judge sign a court order? Can the judges’ assistant or secretary sign a court order?

Asked on Nov 27th, 2013 on Divorce - Michigan
More details to this question:
My attorney filed a motion for visitation. We all went before the divorce Judge. I received a court order, but later on, I noticed that the hand signatures were different from previous court order the judge had signed. I did some research on forgery of court orders and came up with 18 USC § 505 - Seals of courts; signatures of judges or court officers. Whoever forges the signature of any judge, register, or other officer of any court of the United States, or of any Territory thereof, or forges or counterfeits the seal of any such court, or knowingly concurs in using any such forged or counterfeit signature or seal, for the purpose of authenticating any proceeding or document, or tenders in evidence any such proceeding or document with a false or counterfeit signature of any such judge, register, or other officer, or a false or counterfeit seal of the court, subscribed or attached thereto, knowing such signature or seal to be false or counterfeit, shall be fined under this title or imprisoned not more than five years, or both." Is anyone besides the Judge allowed to sign a court order? I called the D.O.J. and they were interested in seeing what I had but have not gone down to see them yet. I read it is a 5-year felony. Do Federal laws apply to County Courts? Thanks.
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3 ANSWERS

Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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The assistants can sign conformed copies. If it says that it is a copy, then it is valid. By the way, federal law probably doesn't apply here. Divorce is a state matter, not a federal one.
Answered on Dec 03rd, 2013 at 9:38 AM

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Social Security Disability Attorney serving Melbourne, FL at Law Office of Robert E. McCall
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Talk to your Clerk of Court. Usually only a Judge can sign an Order but there are specific exceptions.
Answered on Dec 03rd, 2013 at 9:37 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Speak with your attorney, you have cited a Federal law that does not apply. Normally the original with the judges actual signature in the Court file, and you get a trued copy which does not actually have the judge's signature which is totally legal, correct and normal.
Answered on Nov 27th, 2013 at 4:28 PM

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