• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

judging the judge

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

pomama

Junior Member
What is the name of your state (only U.S. law)? Maryland

Recently my husband was in court for a DUI. As the Judge was explaining the legal ramifictions she started talking to my husband about the possibility of being deported. Other defendants were in there from every Race imaginable - plenty with interpreters. My husband is Indian - I admit he does look like he could be (Arab, Iranian...all the same Middle eastern looking)but he actually has been here LEGALLY sonce 1973! Can I complain about her comment???
I really didnt like her singling him out**************....is there any recourse? Please advise.
 


Isis1

Senior Member
What is the name of your state (only U.S. law)? Maryland

Recently my husband was in court for a DUI. As the Judge was explaining the legal ramifictions she started talking to my husband about the possibility of being deported. Other defendants were in there from every Race imaginable - plenty with interpreters. My husband is Indian - I admit he does look like he could be (Arab, Iranian...all the same Middle eastern looking)but he actually has been here LEGALLY sonce 1973! Can I complain about her comment???
I really didnt like her singling him out**************....is there any recourse? Please advise.
your husband can complain about it. it happened to him, not you.

and FYI, if one does get into enough trouble, it is quite possible to get deported depending on their immigration status.

and having been in criminal court, statements like those are usually for the courts entire benefit. not just the criminal standing before the judge.
 

pomama

Junior Member
is it prejudice?

I stand corrected - he was born here, USA ( just not Maryland) - so it did not apply to him at all!
Is that not a prejudicial reference or even assumption?? based on his "look" and I am asking for my husband he would be the one to complain to the judge....after court several people, lawyers as well commented about it - so we are just wondering if we should address it******************************************..
 

Isis1

Senior Member
I stand corrected - he was born here, USA ( just not Maryland) - so it did not apply to him at all!
Is that not a prejudicial reference or even assumption?? based on his "look" and I am asking for my husband he would be the one to complain to the judge....after court several people, lawyers as well commented about it - so we are just wondering if we should address it******************************************..
look, i'm going to be honest with you.

you changed your story. first he's been here legally, then he's a natural citizen by being born here. he's your husband. you should know his legal status.

so now, i'm a bit put off at advising you. it doesn't help you when you change your story to suit your needs and to look for an answer you want to hear.

so i'm going to step back and let someone else answer should they chose to.
 

latigo

Senior Member
I completely agree with you!

Some of these people are absolute jerks. Jerks as attorneys and more so as lower court judges. Many of them starving as struggling practicing attorneys and now reaping six figures a year from the pubic trough.

There seems to be no just cause for the judge’s remarks. Depending on the words used and there context it could amount to “sanctionable judicial conduct”. *

If you want to get it off your chest, you can complain to the Maryland Commission on Judicial Conduct.

Go to this site and follow the links as to how to file a complaint. Nothing will likely come of it as they pretty much protect their own, but you’ll feel better in knowing that the judge and everyone on the Council will be receiving a copy of the complaint.

www.courts.state.md.us/cjd/faqs.html]Maryland Commission on Judicial Disabilities[/url]

[*]“Examples of a judge’s behavior that may constitute sanctionable conduct:

Inappropriate or demeaning courtroom conduct, such as yelling, profanity, or racist, sexist or other discriminating comments;”
 

Hot Topic

Senior Member
Your husband should be asking, not you. You can't even get the information about your husband's status in the country correct, which is more than a little suspicious.

Sounds like some of the advice you're getting is from someone with a grudge.
 

garrula lingua

Senior Member
It's a requirement, in taking a plea, to advise the defendant that, if s/he is not a citizen, s/he may be deported, may be denied re-entrance, etc.

It is REQUIRED, for the Judge, (or the Prosecutor who can take the plea) to state that possible consequence to every defendant.

No one cares whether they are a citizen or not but it is required that they be advised of potential deportation & denial of re-admission when they plead to a crime which may cause deportation.

What the heck is Latigo smoking ??
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top