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Change of Venue and how to appeal

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Micmogen

Junior Member
Colorado

Am posting this in two forums on this site, as not sure how to categorize this need of advice.

Ongoing saga of Dissolution of Marriage issues ranging from Child Support Modification, numerous attempts to report perjury and contempt of Parenting Plans ordered by Courts, most recently sought a Modification of Civil Protection orders from ex-spouse and current boyfriend. ALL of my efforts pro se have been denied action by the reigning Magistrate - varying from my Motions "cannot be understood" to "referencing the wrong statutes" to denied with no comment.

In conjunction, I've experienced numerous events which seem like "foul play", as numerous attempts to pursue litigation haves been obstructed by a seemingly consorted effort by those at the Montrose County Combined Courts. Recently learned that the ex-wife's boyfriend has a sister employed at the Court House. It seems no coincidence that a Motion I filed requesting Civil Protection Orders from the ex-wife and that Court employees brother was NEVER "delivered" to the court and/or the Judge the Motion was addressed to. I also suspect evidence has "disappeared" from some of the most recent Motions I've filed. Similiarly, I've requested transcripts of previous hearings in the Post Dissolution case which either "DO NOT EXIST" or in one case, the transcriptionist was REPEATEDLY given errant hearing dates, despite my REPEATED correction of those errors. The later request for transcript prevented me from filing an appeal, as the transcript of the Courts verbal ruling was not obtained in a timely manner, causing me to miss the deadline to appeal.

Based on these concerns, I filed a Request for Change of Venue based on the apparent prejudice and obstruction evident through actions at the court house, pro se. Because I quoted a Colorado RULE that applied to unfair influence and prejudice for "trials," the request for Change of Venue was denied, the Magistrate stating my reference to the Colorado rule for trials could not apply to a Domestic Relations case. This ruling despite my documenting numerous other events and occurrences that applied directly to circumstances around that DR case.

I need to appeal this Motion (?) or get that change of Venue, seriously. I was told that in the process to appeal, the 7th District "Supreme" Justice would review the appeal, however, when I went to file the intent to appeal with the Montrose County Court House, I was told I could either ask for a judicial review by another Montrose County Judge, or ONLY appeal directly to the State Supreme Court, Denver?!!

I am at a loss and terribly concerned what to do in this case. I cannot obtain pro bono representation, as the legal community is overburdened and won't pro bono represent post dissolution cases, as they "tend to never end."??

Please advise,

Michael
 


samesituation

Junior Member
I had a similiar situation in which I felt the judge was a bit prejudiced towards me. My kids were taken out of my custody but I actually got them back on appeal which is rare. I don't want to put too much information on here but if you still need help, make another post and I will give you an e-mail address where you can contact me. I am a father.



Colorado

Am posting this in two forums on this site, as not sure how to categorize this need of advice.

Ongoing saga of Dissolution of Marriage issues ranging from Child Support Modification, numerous attempts to report perjury and contempt of Parenting Plans ordered by Courts, most recently sought a Modification of Civil Protection orders from ex-spouse and current boyfriend. ALL of my efforts pro se have been denied action by the reigning Magistrate - varying from my Motions "cannot be understood" to "referencing the wrong statutes" to denied with no comment.

In conjunction, I've experienced numerous events which seem like "foul play", as numerous attempts to pursue litigation haves been obstructed by a seemingly consorted effort by those at the Montrose County Combined Courts. Recently learned that the ex-wife's boyfriend has a sister employed at the Court House. It seems no coincidence that a Motion I filed requesting Civil Protection Orders from the ex-wife and that Court employees brother was NEVER "delivered" to the court and/or the Judge the Motion was addressed to. I also suspect evidence has "disappeared" from some of the most recent Motions I've filed. Similiarly, I've requested transcripts of previous hearings in the Post Dissolution case which either "DO NOT EXIST" or in one case, the transcriptionist was REPEATEDLY given errant hearing dates, despite my REPEATED correction of those errors. The later request for transcript prevented me from filing an appeal, as the transcript of the Courts verbal ruling was not obtained in a timely manner, causing me to miss the deadline to appeal.

Based on these concerns, I filed a Request for Change of Venue based on the apparent prejudice and obstruction evident through actions at the court house, pro se. Because I quoted a Colorado RULE that applied to unfair influence and prejudice for "trials," the request for Change of Venue was denied, the Magistrate stating my reference to the Colorado rule for trials could not apply to a Domestic Relations case. This ruling despite my documenting numerous other events and occurrences that applied directly to circumstances around that DR case.

I need to appeal this Motion (?) or get that change of Venue, seriously. I was told that in the process to appeal, the 7th District "Supreme" Justice would review the appeal, however, when I went to file the intent to appeal with the Montrose County Court House, I was told I could either ask for a judicial review by another Montrose County Judge, or ONLY appeal directly to the State Supreme Court, Denver?!!

I am at a loss and terribly concerned what to do in this case. I cannot obtain pro bono representation, as the legal community is overburdened and won't pro bono represent post dissolution cases, as they "tend to never end."??

Please advise,

Michael
 

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