Judicial Ethics/responsibility

[gregy]

What is the name of your state?What is the name of your state? Florida

Ethics question:
ProSe litigant presents circuit court with ethics complaint. Judges JA reads the complaint- informs judge about the contents. Judge refuses to read complaint. Judge writes letter to complainant. Judge states before presenting his ruling in court that what he is about to say is non-negotiable Judge says from the bench, and in letter to complainant, that he has NOT read the complaint” but it “SEEMS TO BE” an ethics complaint and states that he has no jurisdiction over ethics complaints. Judge returned written complaint, with letter, to complainant.

Question (s): 1-Is this a violation of Judicial Code of Ethics? (The judge having been informed about possible unethical conduct in a case before him is required to act upon such knowledge.)

2-Is the judge not required to read, and understand, documents submitted to the court before ruling upon them? Note: This was the final hearing and an out-of-court settlement had been reached. This action would not interfere with the case in any way. Complaintant won his case.

[Karankawan]

Originally Posted by gregy

What is the name of your state?What is the name of your state? Florida

Ethics question:
ProSe litigant presents circuit court with ethics complaint. Judges JA reads the complaint- informs judge about the contents. Judge refuses to read complaint. Judge writes letter to complainant. Judge states before presenting his ruling in court that what he is about to say is non-negotiable Judge says from the bench, and in letter to complainant, that he has NOT read the complaint” but it “SEEMS TO BE” an ethics complaint and states that he has no jurisdiction over ethics complaints. Judge returned written complaint, with letter, to complainant.

Question (s): 1-Is this a violation of Judicial Code of Ethics? (The judge having been informed about possible unethical conduct in a case before him is required to act upon such knowledge.)

2-Is the judge not required to read, and understand, documents submitted to the court before ruling upon them? Note: This was the final hearing and an out-of-court settlement had been reached. This action would not interfere with the case in any way. Complaintant won his case.

The problem with pro se' litigation is the courts adhere to a strick code of procedure.

code #1 The plaintiff must show the court they have jurisdiction over any matter to be brought before them...

In your case the judge was informed of an judicial code of ethics violation and his court perhaps did not have jurisdiction in the matter...Remember to determine the jurisdiction in the cause prior to submitting complaint/motions/ect...Once you prove to the court he has jurisdiction he will in effect make a ruling on the matter...hope this helps but, that is rule #1