Welcome to caught.net's
How To Deal With
A Bad Judge Page!
This page is informational. We are NOT lawyers and nothing on this page should be construed as legal advice!
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"I can state with certainty that if you go against the status quo in Rhode
Island and point out wrongdoing of the judiciary they will ruin your legal practice and make
it impossible for you to win a case."
--Quoted by a well known lawyer who was discussing the
Rhode Island Judiciary
You should consider a Judge bad only if they show a pattern of behaving or ruling in
a manner that is:
- preventing or hindering you from receiving full, fair, impartial hearings or
the full, fair, impartial administration of justice or
- you have seen evidence which would lead a reasonable person to believe they
could be prevented or hindered from receiving full, fair, impartial hearings or the
full, fair, impartial administration of justice.
The criteria used in deciding if a judge is bad is NOT how they handle a high
profile case or people of influence, but how they handle the poor, prosecutorial
misconduct and the unrepresented. Regardless of how bad a Judge is, they will
undoubtedly make SOME correct decisions. We consider a Judge bad if they do not
FAITHFULLY and CONSISTENTLY adhere to their oath of office and aggressively pursue
justice for ALL. Anything less is unacceptable and is the definition of a bad
judge. Also see the Judicial Accountability Initiative
Law and the article on dismissals of Government
cases.
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Bad Judges exist. We all know they do. [See Judges as
Criminals?] Very few practicing lawyers are willing or able to expose Bad Judges
publicly, for they are at great risk when they must later appear again before the
exposed Bad Judge. Exposure of rotten judicial apples offends and embarrasses the
entire judiciary. When a lawyer, in diligent pursuit of his client's interests, dares
stand up to Bad Judges, the "system" locks arms, and seeks to punish or suppress the
iconoclastic lawyer. The system's resistance to admitting the existence of a bad judge
can be astounding. Yet someone must stand up to challenge this cancer within the
Judiciary. Bad Judges need to be weeded out. It is to the fair, competent judges that
the following is dedicated.
Before you go before a Judge, try to learn the Judge's record!
- Check Caught! to see if complaints or comments
are on file. [Rhode Island]
- Courtroom Monitoring
- Case Research [try researching decisions by topic and judge]
- Investigation [Newspaper Databases, Law Library etc.]
- Ask local practitioners
- Ask national court reform advocacy groups
- For new Judges with no track record, listen to other cases in their courtrooms
before losing your right to disqualify
To Change A Judge Before The Trial:
- READ CASE LAW REGARDING JUDICIAL BEHAVIOR DURING TRIALS
- PEREMPTORY DISQUALIFICATION
- DISQUALIFICATION FOR CAUSE (RECUSAL)
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Note: In Rhode Island it is customary for a judge to recuse
himself if there is a complaint pending with the state's Commission on Judicial Tenure and
Discipline. Check your area and jurisdiction. There are 2 factors to
consider. First, once a Judge starts to stink it usually always gets
worse. Second, the grass might NOT be greener on the other side.
Now, according to Congress, U.S. Supreme Court case law and
Rhode Island's canons of judicial ethics, a judge must bow out of hearing
any case in which his or her impartiality might reasonably be questioned.
The Rhode Island Canons of Judicial Conduct say that judges must avoid all
impropriety and appearance of impropriety.
"The test for appearance of impropriety is whether the conduct would
create in reasonable minds a perception that the judge's ability to carry
out judicial responsibilities with integrity, impartiality and competence
is impaired."
Use this wording when moving for recusal. Also, requests for recusal MUST
be in the form of a motion.
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- REMOVAL TO ANOTHER JURISDICTION
- CHANGE OF VENUE
- MOTIONS TO DISMISS BEFORE MERITS ARE HEARD
- Res Judicata
- No Jurisdiction
- Sham, Frivolous, Meritless pleadings
- DELAY IF JUDGE IS ABOUT TO BE ROTATED OFF OF CASE
- START LISTING THE ABUSES ON CAUGHT! [Rhode
Island]
- FORMAL COMPLAINTS
If It Is Impossible To Change A Judge Before Trial:
- MAKING RECORD FOR APPEAL
- FRCP Rule 52 (or equivalent) Findings of Fact &
Conclusions of Law - if not mandated by local rules, file motion before trial
requesting written Findings/Conclusion.
- Request for Court Reporter - in writing more than day before trial
- PRESERVING OBJECTIONS
- DE-RAILER MOTIONS
- PUBLICITY, EXTERNAL PRESSURE
- RE-FOCUS JUDGE'S BIAS/ANGER AGAINST OTHER SIDE
Dealing With A Judge After A Bad Ruling
- LIST YOUR COMPLAINT ON CAUGHT! [Rhode
Island]
- APPEAL [Note: There is always a limited time to initiate appeal!!]
- SPECIAL OR INTERLOCUTORY APPELLATE ACTION
- ANOTHER FORUM
Serve Society By Taking Action To Get A Bad Judge Off The Bench.
Identify And Publicly Expose Biased, Prejudiced And Corrupt Judges!
- EARLY IDENTIFICATION of a Bad Judge may be the single most important factor in
your litigation. Once one notices a Judge is bad, you can practically guarantee it
is only going to get worse. If it is too late to help in your own case, exposure
helps prevent similar judicial abuse for subsequent litigants.
- LIST YOUR COMPLAINT ON CAUGHT! [Rhode
Island]
- PUBLICITY, PICKETING
- FORMAL COMPLAINTS
- IMPEACHMENT, RECALL
- LEGISLATIVE ACTION TO LIMIT JUDICIAL POWER AND DISCRETION
- LAWYER WHO GIVES ASSISTANCE TO NEW LITIGANTS IN USE OF PEREMPTORY
DISQUALIFICATION
- SUING A JUDGE PERSONALLY FOR MONEY DAMAGES
- SUING A JUDGE FOR A DECLARATORY JUDGEMENT
Related References
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