Unique Circumstance

[sad_dad1]

What is the name of your state (only U.S. law)? NY

I have what I believe to be a very unique situation. I am currently involved in a very protracted divorce litigation, In which there has been expert testimony from the plaintiffs "doctor" alleging permenant disability. I have since sent the plaintiff to a second doctor, and second doctors opinion is not the same as the first.

So, the interesting part of this story begins with the plaintiffs attorney. She (the plaintiffs attorney) pleaded guilty to three misdemeanors two weeks ago. The pleadings were for aggravated DWI, Tampering with evidence, and trying to fix a case. ( she also had a doctor forge documents to attempt to hide her own guilt)

This seems to confirm my belief that my case was tampered with as well. Is there any chance that I would be able to get a retrial, or start over with a new judge? or even get the testimony of the "expert witness" for the plaintiff thrown out?

Should I write a letter to the judges boss regarding these matters?

Sorry to ramble a bit, but thank you in advance for your advice

[Ronin]

This seems to confirm my belief that my case was tampered with as well. Is there any chance that I would be able to get a retrial, or start over with a new judge?

No.

or even get the testimony of the "expert witness" for the plaintiff thrown out?

No.

Should I write a letter to the judges boss regarding these matters?

No. BTW, who do you consider to be this judges 'boss'?

...these are questions you should be asking your attorney.

[sad_dad1]

BTW, who do you consider to be this judges 'boss'?

...these are questions you should be asking your attorney.

BTW it is my interpretation that the Judges 'boss' would be the admistrative judge that they report to. everyone has a boss in this world, unless they own the company.

Obviously these are questions for my attorney, but seeing as this site is designed to get free legal ADVICE. I thought that i would see what people had to say before i wasted money talking to my lawyer.

And most people offer intelligent advice on here.

would you care to elaborate on your opinion or just a simple NO because you said so will suffice?

Thanks

[Ronin]

it is my interpretation that the Judges 'boss' would be the admistrative judge that they report to. everyone has a boss in this world, unless they own the company.

With the exception of magistrate judges who are often subordinate to another judge and a few other exceptions, elected judges are only accountable to the voters who elected them. While appeals courts may occasionally overrule their decisions, appeals court oversight is strictly limited to those issues in which they are given jurisdiction.

This seems to confirm my belief that my case was tampered with as well. Is there any chance that I would be able to get a retrial, or start over with a new judge?

It is extremely unlikely you will be granted an new trial or the judge to voluntarily recuse himself based upon this. Just because an attorney had questions of ethics raised in another case, by no means implies that it would be arguable that it applies to your case. You would have to argue any issues in your case on its own merits, and you would not likely be allowed to raise the issues of the other case.

or even get the testimony of the "expert witness" for the plaintiff thrown out?

The best you can do with an expert witness is to attack their credibility on the witness stand. It is then up to the judge to determine how much weight, if any, will be given to this testimony.

[sad_dad1]

Thank you for the explanation