Recusal

Question: if i filed a recusal. on a prosector and the hearing is a month away can he still file motions in my case? this recusal is because we have aconflict of intrest he has allready said in writing he hasent foregotten

Answer: Yes, until he is recused he can still file motions on the case, he can also respond to the motions you file

Question: how do you get a judge to follow the laws and rule by the laws? I have a family court case in south carolina that has been in litigation for 8 years . 3 judges hae recused themselves. In the past year 2 judges have recused themsevles with no order of recusal or explanation. I have followed the laws completely by the rules and I can't get my motions heard. The hearings keep getting continued due to plaintiff's councel not showing and/or telling judges they have recused themselves giving the judges a way out by having to research whether they have or have not recused themselves. I am still waiting for orders from other hearings. One is past 9 months and the other 4 months. I cannot appeal if I don't get an order. On other hearings I have submitted proposed orders in which one judge signed and the other gave opposing councel 2 more months to prepare an order in which she signed instead of mine. It seems there is a lot of ex-parte communication and judges have already made their decisions on motions which have not been heard yet. So any suggestions? I have been Pro Se for 2 years now. After 36K in attorney fees and my attorney telling me it is impossible to litigate due to Plaintiff's non actions and judges not sanctioning him or his attorney. I have poke with several attoreys and no one wants this case so I am forced to be Pro Se. Husband is from Iran, 2.5 yrs into divorce he produced mariage certificate from Iran trying to make or marriage null. I proved it to be fraud. 2003, 3 day final hearing declared a mistrial due to Plaintiff's attorney actions, and judge recused himself. My ome miseriously burned to the ground. Husband thinking I lost all immigration docs to defend myself married a local whos father is cheif of olice and she actually was accused of murdering a police officer and pinned it on boyfriend who is doing life. She does not have custody of her own daughter since she was 3 weeks old and she is fourteen now. Husband married her in 2004 and now he is a bigamist. I have been Pro Se for 2 years now. After 36K in attorney fees and my attorney telling me it is impossible to litigate due to Plaintiff's non actions and judges not sanctioning him or his attorney. I have poke with several attorneys and no one wants this case so I am forced to be Pro Se. Husband is from Iran, 2.5 yrs into divorce he produced marriage certificate from Iran trying to make or marriage null. I proved it to be fraud. 2003, 3 day final hearing declared a mistrial due to Plaintiff's attorney actions, and judge recused himself. My home mysteriously burned to the ground. Husband thinking I lost all immigration docs to defend myself married a local whos father is chief of police and she actually was accused of murdering a police officer and pinned it on boyfriend who is doing life. She does not have custody of her own daughter since she was 3 weeks old and she is fourteen now. Husband married her in 2004 and now he is a bigamist. I have been Pro Se for 2 years now. After 36K in attorney fees and my attorney telling me it is impossible to litigate due to Plaintiff's non actions and judges not sanctioning him or his attorney. I have poke with several attorneys and no one wants this case so I am forced to be Pro Se. Husband is from Iran, 2.5 yrs into divorce he produced marriage certificate from Iran trying to make or marriage null. I proved it to be fraud. 2003, 3 day final hearing declared a mistrial due to Plaintiff's attorney actions, and judge recused himself. My home mysteriously burned to the ground. Husband thinking I lost all immigration docs to defend myself married a local whos father is chief of police and she actually was accused of murdering a police officer and pinned it on boyfriend who is doing life. She does not have custody of her own daughter since she was 3 weeks old and she is fourteen now. Husband married her in 2004 and now he is a bigamist. He filed for custody of our 2 girls in 2005. Judge ordered that because he is a bigamist purported spouse cannot be around children. He has refused to visit with children for 2 year now until the order is changed. I have filed motions to compel, prevailing, I have filed RTSC, it has been continued 3 times now. I filed motion to strike Plaintiff's Pleadings under Rule 37-b, continued 3 times now and waiting for next court date. I moved to t county in which she had been accused of murder in hopes of protection and local police enforce the orders and she does not come bother me in this county. Yes have been followed by police harrassed by police in their county I have actually moved to Florida for protection from harrassment and drive back and forth for hearings. Soif you can't ge court admin jto follow laws where to you go from there? NO this case is not SO INDIVIDUAL. I have heard many horrific cases in family court. One attorney I spoke with refuses to step foot in family court. So how do you get a fair hearing? One case Judge F n d e r gave custody of a child to a registered sex offender even though mother had sole custody .0ince chid was 1 yr and is 11 now. Wheres the sense?

Answer: I live in IL and had a bad judge experience. There is something called the judiciary complaint board. There is probably one in your state. you have to go to the one that services either the county, State or Federal depending on your situation. I want to WARN YOU, trouble comes out of the wood work at people who are lazy, corrupted and ticked off, they can find out all kinds of things about you, and you wont know it. One day youll start getting stopped by cops and having a rough time, and may never know that judge put the word out on you for complaining about them. They do think they are superior, and dont want to be questioned. My situation gets worse! turns out my judge wasnt a JUDGE , or a lawyer, or an appointee,,, but a poser.. with no authority that locked me up in the county jail for TWO WEEKS. I have never been able to get anyone to investigate this. Its my personal living hell.. you cant imagine.. Talk to a lawyer in another jurisdiction.. no lawyer wants to go against his bread and butter. This is where you will see how unfair justice really is! Good luck to you.. you will need it. Peachsurprize@yahoo.com

Question: what if the Judge will not ''Recusal'' him self? if a judge is asked to recusal him self and. he will not step down. then what? He is guilt of playing favors with the PLAINTIFF. NOTE; HE KNOW THE PLAINTIFF. THE JUDGE WORKED IN THE SAME BUILDING FOR TEN YEARS WITH THE PLAINTIFF. AS WELL AS BEING RUDE, NOT ADDRESSING THE PLAINTIFF MOTIONS FOR AN LAWYER IN THIS SAME CASE, THE MOTION STATED THAT THE PLAINTIFF WOULD HAVE TO PAY FOR A LAWYER FOR THE DEFENDANT. THIS WAS NEVER ADDRESS BY THE JUDGE. AND YET THE PLAINTIFF PUT IN A MOTION AFTER TO HAVE THE CASE HEAR WITH OUT ONE AFTER MY MOTION?

Answer: A judge only has to recuse himself if he cannot be an impartial trier of fact. Just knowing the plaintiff and working in the same building is not enough. As far as the judge not ruling on a certain part of your motion - it happens all the time. Doesn't show bias. Just shows a heavy court load. I don't understand the "motion after to have the case hear without one" bit. Without one what? Look, the problem is that you're obviously pro se and haven't had much exposure to the court system yet. It is FAR from perfect and judges routinely rule on motions without addressing each and every aspect of them. That doesn't mean the judge has a vendetta against you or is trying to help the other party. I hear this claim a lot. Very, very, very seldom is it ever true. It may be well worth the money to hire a lawyer to assist you in this case. If you can't afford one, try legal aid or a law school's legal clinic. You can also try contacting the state bar where you live to see if they have some sort of pro bono service list you can get on.

Question: Judge Recusal? If you file a motion to recuse a judge, and he denies the motion. my question is when you appeal, does the proceeding stop until it is heard in an appealate court, or do you have to file a motion for an emergency stay of proceedings. Case is in Tn.

Answer: The recusal motion is now dead. It only can now be used to argue for an appeal.

Question: Does anybody know of a good TRIAL LAWYER in the Texas Midcoast region? I am looking to fight a slander/defamation case, involving perjury against my ex. It involves children under the age of 6. It also should involve a recusal of the original divorce judge.

Answer: Have you tried the Texas SBA? You can obtain a lawyer referral through the Texas State Bar Association. Althernatively you can also look for attorneys through Martindale or Lawyers.com. See the websites listed below.

Question: RECUSAL....OF A JUDGE? SHOULD I PLAY IT SAFE WHEN I PUT THIS MOTION IN. PUT IN THE PAST PROBLEMS I FOUND ON THE INTER NET THAT THE SAME JUDGE DID IN THE PASS. he was '''Reprimanded'' Because of some thing of the same think that he is doing now with me. NOTE;THIS JUDGE HAS WORKED IN THE SAME BUILDING WITH MY EX WIFE FOR TEN YEARS AND HAVE NOT TAKEN ANY MOTION IN MYBE-HAFTT. IN FACT IS RUDE AND SEEMS TO HAVE A PROBLEM WITH ME AND I HAVE ONLY BEEN IN FRONT OF HIM 1's in the last year. do i do his nicely or. do i go at him with this information hard? LET ME ADD I GOT HIM COLD.NOT ONLY ON THE NEWS PAPER THINK BUT. I HAVE BEEN DOING THIS CASE FOR ABOUT 120 DAYS NOW AND HE WILL NOT MAIL ME ANY THINK ON THIS CASE. I HAVE TO GO TO THE RECORED DEPARTMENT TO FIND OUT WHAT IS GOING ON....ANY THINK ELSE I CAN DO ?

Answer: I would talk with your attorney and tell him your suspicions that the judge is favoring the other party and not being fair. Find proof of their relationship whether it's work or personal and present it to your attorney and have them ask for a recusal. If the judge refuses, you do have the right to file an appeal

Question: Do District Attorneys work closely with advocates for abused and battered women? This is kinda complicated...I am asking this because I am scheduled to go to court against my ex next month. His grandmother used to be a victim's advocate for abused and battered women in the county where we will be attending court. She often attended court proceedings with them, and encouraged them to press charges against their abusers. At the time she provided these services for the abused the District Attorney at the county's courthouse was, let's call her, Jane Doe. Well, Jane Doe is now known as Judge Jane Doe. I recently discovered that she has been assigned to our case. Is this not considered a conflict of interest since she most likely worked with his grandmother occassionally? Can I ask my lawyer to file a motion for recusal? Update...Just discovered that Judge Jane Doe lived 2 houses down from my ex's aunt for over 10 years. Also while serving as an asst. district attorney she fixed a traffic ticket for a City Council Member, and she didn't even work in the county where the ticket was issued. A Highway Patrol issued the council member a ticket for traveling 80 in a 55 mph zone. Jane Doe didn’t negotiate a plea on a lesser charge; she just made the ticket disappear. She cited that the council member's driving record was clean. But other motorists charged with going 25 mph over the limit are not given such lenience. In fact, her boss at the time said following the incident that, “the action she took in that case was clearly outside the parameters of what I would generally consider acceptable. We rarely just out-and-out dismiss speeding tickets, certainly not involving that sort of speed.� Is this not a reason to question Judge Jane Doe's impartiality, a most important virtue for any trial judge?

Answer: You can ask for a recusal. On the facts given I think it unlikely to be granted. You would have to show prejudice. Perhaps you could do a statistical analysis of her previous decisions in such cases, but even that would be a stretch. Good luck.

Question: LAW Motion to Recuse? I filed a motion to recuse back in January. The judge never ruled and 2 more hearings were held by a temp judge. I now understand that those hearings were illegal, as the judge had to rule first on the recusal. I need the specific Federal Code and section that applies.

Answer: You're incorrect. Those hearings were not "illegal" as they were not heard by the judge against whom the recusal motion was pending. The relevant code sections governing recusal start at 28 USC 455(b)(2).

Question: How many more lobbyists does Obama need? The White House Tuesday evening disclosed that almost three weeks ago the Obama administration granted ethics wavers for two additional officials who had previously worked as lobbyists. On February 20 the administration signed waivers for Jocelyn Frye, former general counsel at the National Partnership for Women & Families, and Cecilia Muñoz, the former senior vice president for the National Council of La Raza, allowing them to work on issues for which they lobbied. These two are in addition to deputy Defense Secretary Bill Lynn, a former Raytheon lobbyist whose waiver was granted two days after President Obama announced on January 21 what he heralded as the most sweeping ethics rules in American history -- ones that would "close the revolving door that lets lobbyists come into government freely." The Executive Order on Ethics Commitments by Executive Branch Personnel requires that lobbyists who become members of Obama administration will not be able to work on matters they lobbied on for two years, or in the agencies they lobbied during the previous two years. Out of approximately 800 executive branch appointments, three waivers have been granted, the Obama administration said. Not all of the former lobbyists entering the administration have required the formal waivers; the White House has also required incoming administration officials who worked as lobbyists to write letters of recusal, indicating issues that they will stay away from dealing with because of their previous jobs. But those letters of recusal have not yet been disclosed. Frye's waiver, signed by Norm Eisen, the special counsel to the President and designate agency ethics official, states that it's "in the public interest to grant the waiver because Ms. Fry's expertise in the areas in which she acted as a registered lobbyist is essential to her service to the Office of the First Lady." Frye, director of policy and projects in the Office of the First Lady, has "a particular focus on women, families and on engagement with the greater D.C. community," the White House says. Having directed the National Partnership’s Workplace Fairness Program in her previous job, she focused on "employment and gender discrimination issues, with a particular emphasis on employment barriers facing women of color and low-income women." Muñoz's waiver was granted also in the public interest "because Ms. Munoz's knowledge and expertise are vital to the functioning of the Office of Intergovernmental Affairs," Eisen wrote. As director of intergovernmental affairs in the Executive Office of the President, Muñoz is chief liaison to the Latino community, in addition to coordinating with state and local governments. signed by Norm Eisen, the special counsel to the President and designate agency ethics official, states that it's "in the public interest to grant the waiver because Ms. Fry's expertise in the areas in which she acted as a registered lobbyist is essential to her service to the Office of the First Lady." "We took the rare step of granting the waivers to Ms. Frye and Ms. Muñoz because of the importance of their respective positions and because of each woman’s unequalled qualifications for her job," Eisen said. "Each is a leading substantive expert on the relevant issue areas and each also has long-standing relationships with constituencies important to their respective offices." http://blogs.abcnews.com/politicalpunch/2009/03/obama-white-hou.html "Cecilia Muñoz, the former senior vice president for the National Council of La Raza" From Michelle Malkin's blog, May 6, 2008: 10. La Raza supports driver’s licenses for illegal aliens. 9. La Raza supports in-state tuition discounts for illegal alien students that are not available to law-abiding US citizens and law-abiding legal immigrants. 8. La Raza opposes cooperative immigration enforcement efforts between local, state, and federal authorities. 7. La Raza sponsors militant ethnic nationalist charter schools subsidized by your public tax dollars, including the “Aztlan Academy� in Tucson, AZ, the Mexicayotl Academy in Nogales, AZ, and Academia Cesar Chavez Charter School in St. Paul, Minn. 6. La Raza gives mainstream cover to a poisonous subset of ideological satellites, led by Movimiento Estudiantil Chicano de Aztlan, or Chicano Student Movement of Aztlan (MEChA), which the late GOP Rep. Charlie Norwood rightly characterized as “a radical racist group…[and] one of the most anti-American groups in the country, which has permeated U.S. campuses since the 1960s, and continues its push to carve a racist nation out of the American West.� 5. La Raza opposes a secure fence on the southern border. 4. Former La Raza president Raul Yzaguirre, Hillary Clinton’s Hispanic outreach advisor said this: “US English is to Hispanics as the Ku Klux Klan is to blacks.� He was referring to US English the nation’s oldest, largest citizens’ action group dedicated to preserving the 4. Former La Raza president Raul Yzaguirre, Hillary Clinton’s Hispanic outreach advisor said this: “US English is to Hispanics as the Ku Klux Klan is to blacks.� He was referring to US English the nation’s oldest, largest citizens’ action group dedicated to preserving the unifying role of the English language in the United States. La Raza also pioneered Orwellian open-borders Newspeak and advised the Mexican government on how to lobby for illegal alien amnesty while avoiding the terms “illegal� and “amnesty.� 3. La Raza is currently leading a smear campaign against staunch immigration enforcement leaders and has called for TV and cable TV networks to keep immigration enforcement proponents off the airwaves–in addition to pushing for Fairness Doctrine policies to shut up their foes. 2. La Raza has consistently opposed post-9/11 national security measures at every turn. 1. The National Council of La Raza means The National Council of “The Race,� for God’s sake. Their signature slogan, chanted at pro-illegal alien rallies from coast to coast, is “La raza unida nunca sera vencida.� “A united [Hispanic] race will never be defeated.� Still waiting for liberals to condemn Obama for this action. Whats more, still waiting on them to do something about it. ***drumming fingers*** ***crickets***

Answer: HE hired a bunch of criminals, and he promised not to hire lobbyist but the dumbass lied again.

Question: Help w/ Criminology quiz, please help, I'm confused!? 1. Which of the following is an example of confrontation? A) voluntary recusal B) voir dire C) subpoena of witnesses D) cross-examination 2. During booking, which of the following typically occurs? A) the arrestee meets the judge to learn of charges B) the defendant makes a plea about guilt or innocence C) fingerprints of the suspect are taken 3. The trial of People v. Chupacabra involved allegations that the defendant killed many goats in a local community. The first trial ended with a hung jury. What happens next? A) the defendant is free to go; retrying the case would be double jeopardy B) the defendant is sentenced; a hung jury is a jury that finds the defendant guilty C) the defendant is free to go; however, the case might be retried at a later time D) the defendant is free to go; a hung jury is a jury that finds the defendant not guilty 4. In a felony case, whose choice is it to have the case heard by a judge without a jury? A) the defendant’s B) the jury’s C) the prosecutor’s D) the judge’s 5. Gertrude is the mother of the defendant in a murder trial. Would she be allowed to serve on the jury in the case? A) Yes. B) No. 6. Jury deliberations are typically __________________. A) done in a local bar B) private C) public 7. A witness testifies at trial that while his roommate was sleeping, the roommate said, “Yes, I killed George, but he deserved it.� George was a murder victim in the area; police have other evidence to suggest that the roommate killed George. Can the witness testify about the statements in court? A) Yes, it was an out-of court statement. B) No, it is an act of perjury. C) Yes, it is a dying declaration, which is an exception to the hearsay rule. D) Yes, it was a spontaneous statement and is an exception to the hearsay rule. E) No, it is hearsay and would not be allowed. 8. At trial, a witness says, “I heard from my friend Jethro who heard from Bianca who heard from Smithers who heard from some guy at a café that this guy killed my friend.� This would likely not be allowed, as it is ________________. A) a false statement B) mere speculation C) hearsay D) biased 9. True or False: A motion for a new trial is based on discovery of new evidence after a trial has been completed and a defendant found guilty. A) False B) True 10. True or False: The defense must prove that the defendant is innocent of charges in order to avoid a conviction. A) True B) False 11. Which of the following amendments is not one from which the rights of a defendant are derived? A) Fourteenth B) First C) Fifth D) Ninth E) Sixth 12. True or False: In some states, a judge can express their own views to the jury about the credibility of evidence or witnesses. A) False B) True 13. When the defense files a motion to ask the court to view all evidence the prosecution intends to present, this is called a motion for ____________. A) discovery B) summary judgment C) continuance D) habeas corpus E) relief 14. Who do the primary plea negotiations typically occur between? A) judge and prosecutor B) prosecutor and defense attorney C) defendant and judge 15. Is it common for new evidence to be presented during closing statements? A) Yes B) No 16. True or False: If a jury finds a defendant not guilty of a crime, the prosecution is allowed to try the case a second time in front of a different jury. A) False B) True 17. Information having a tendency to clear a person of guilty or blame is called ______________. A) real evidence B) a mitigating factor C) reasonable doubt D) exculpatory evidence E) perjury 18. A ____________________ jury would be isolated from the public during the course of the trial and throughout the deliberation process. A) sequestered B) biased C) contentious D) protected E) hung 19. Voluntary recusal concerns a defendant’s right to _____________________. A) an impartial jury B) face an accuser C) an impartial judge D) remain silent 20. When the jury disregards the judge’s instructions, it is referred to as _______________. A) a hung jury B) jury nullification C) sticking it to the man D) contempt of court

Answer: 1 d 2 c 3 c 4 a 5 b 6 b 7 e 8 c 9 b 10 b 12 a 13 a 14 b 15 b 16 a 17 d 18 a 19 c 20 b

Question: Is this your typical liberal sore loser? http://apnews.myway.com/article/20081121/D94JIDLG2.html A county prosecutor who brought indictments this week against Vice President Dick Cheney and others pounded his fist and shouted at the judge Friday during a routine hearing. Willacy County District Attorney Juan Angel Guerra asked Presiding Judge Manuel Banales to recuse himself from the case, which alleges abuse at federally run prisons. Attorneys for the vice president and other defendants leapt to their feet in objection as Guerra pounded the table and accused Banales of giving the defendants special treatment. "Now all of a sudden there is urgency," Guerra shouted. "Eighteen months you kept me indicted through the election." Guerra lost his bid for re-election in the March primary and will leave office in January. He was indicted last year on charges he extorted money from a bail bond company and used his office for personal business, but the charges were dismissed last month. Guerra said the judge was wrong to allow motions to quash the indictments to be heard before the defendants were arraigned. Banales called a recess so he could try to contact the chief justice of the state Supreme Court for suggestions on how to proceed, and ordered Guerra, who had slipped out once during the hearing, to remain in the courthouse. Guerra first said "I will not obey that order," but then agreed to stay if the judge asked him respectfully. After the recess, Banales adjourned for the day and announced that he would send all documents pertaining to the recusal motion to the chief justice. He tentatively scheduled the parties to return to court Wednesday. Curious residents packed the well-worn pews of the Willacy County Courthouse's only courtroom for Friday's hearing. The defendants were not required to appear in person. Cheney and former Attorney General Alberto Gonzales were indicted in connection with privately run federal detention centers in Willacy. In particular, it alleges that Cheney's personal investment in the Vanguard Group, which invests in private prison companies, gives him culpability in alleged prisoner abuse. Guerra also indicted judges and special prosecutors who played a role in the investigation of him. T. Gerald Treece, a constitutional law specialist and professor at the South Texas College of Law in Houston, this week questioned Guerra's jurisdiction. "You can't have district attorneys across the country bringing charges against federal officials," Treece said. And even in a federal probe, Cheney and Gonzales have a "qualified privilege" that would protect them so long as they were acting within their jobs, Treece said.

Answer: libs are the same whether they win or lose, they are incapable of change, ironic

Question: Motion to recuse a judge? In Florida a motion to recuse a judge is supposed to include a "sworn affidavit." In the motion, I included all the facts that would be included in a sworn affidavit plus I cited case law regarding recusal. At the bottom of the 14 page motion I wrote, "I swear and attest that the above statements are true and correct to the best of my knowledge." I then signed this statement in front of a notary. So, although there was not an attachment to the motion, per se, called a "sworn affidavit," there was this statement at the bottom of page 14 swearing and attesting that the "above statements" (13 pages worth in the motion) are "true and correct." This, then, in effect, is the equivalent of a sworn affidavit, correct? (even though it wasn't titled as such; it was treated as such) Correct? I understand this is a procedural issue, so if there is a kind attorney out there to answer this little question, I would appreciate it. Thank you.

Answer: Depends on the exact law in Florida, but where I am it would not count. An affidavit must include certain language at the front to the effect of "I, ____, being first duly sworn, do depose and testify as follows:" If the document doesn't have that, then its not technically an affidavit. That is a "splitting hairs" point though. Most times the court looks beyond any "minor" deficiencies and tries to hear a motion on a dispositive basis. So if the court has elected to treat it as a sworn affidavit, then any mistakes are forgiven.

Question: What are some pros and con on the recusal of federal judges including the supreme court? all federal judges including the supreme court must recuse themselves if they have had any personal, private ,or business association/relationship with either party in a case brought before them. if they do not recuse themselves and a relationship/association is established they are to be impeached immediately

Answer: If a judge has a relationship of any sort with one of the people involved in the case, and they decide in favor of the person who they know quite well, it can be seen as 'playing favorites'. In the Supreme court, if one of the Justices recuses themselves, there is a chance of a tie vote (with nine justices, the one abstaining vote could make the case a 4-4 tie). That prospect can sometimes be scary.