forced pro se for final trial

What is the name of your state? Illinois

I was forced to go through final trial as a pro se litigant and of course made a complete disaster of the whole thing as I told the Judge that that is what would happen.

I begged the Judge three times before the trial date that I was not qualified to go to final trial and he just kept the dates and had the trial and I did the best I could think of to do with the information that I could research at the library.

Did the Judge violate my civil rights? My constitutional rights? Do I get a Family law appeal attorney or a civil rights appeal attorney or a constitutional appeal attorney? Which would be the one that can get this mess fixed?

I can find no Family case law that says that a Judge can NOT force me to represent myself, am I at the mercy of an impatient Judge that just wants to get rid of the case?

Thank you for any help,
Cynthia

[email]cwillia396@freeadvice.com[/email]

For what reason did you not have a lawyer? I know I don't have all the details but what was the judge supposed to do? You come before him and tell him that you have no lawyer yet you are not qualified to handle it yourself. How could there ever be resolution to the case? You don't say what this trial was for and I think it would be interesting to know that.

If it was a financial situation that prevented you from hiring an attorney for this case, how do you plan to afford either family law, civil, or constitutional appeals attorneys?

I am not saying you were doing this, but judges see grand stalling tactics every day. The most popular of these is the pro se litigant claiming to not be prepared and requesting continuance after continuance.

Yes, I can see your point.

I had just FINALLY managed to get temporary maintenance of 250.00 per month from my husband, no thanks to the Judge since I was trying for about a year to get some way of paying for a new attorney.

The Judge said that I could motion for interum attorneys fees but I still owed the "Law Firm from Hell" about $18,000.00 so that would have gone to them, rather than towards hiring a new attorney, if I understand that part of the Illinois Marriage and Dissolution of Marriage Act.

Then the Judge suggested temporary maintenance, then I got fired from my job, so by the time I got the temporary maintenance, months later, to pay for the new attorney it was too little too late. But I could have been given the time to find a new job but that was after September 11, 2001 and the Hiring Freezes were still on til late April, early May of 2002.

So, I was screwed, as there really were no jobs, especially in this area which is majorly manufacturing.

Anyway, the Judge totally jumped the gun on setting a final trial date and then keeping it.

The Judge never did any pre-trial conferences, he made it clear he was impatient about how long it was taking but never acknowledged that it was "opposing councel" that had been the perpetrator of the delays for the first 3 years, and I get screwed because as a pro se litigant because I don't know how to protect myself from being railroaded, unlike the opposing councel that managed to suffer no adverse consequences of his delay after delay after delay.

I feel that the Judge had an obligation to encourage me, even force me to hire an attorney, instead of forcing me to go to final trial without proper representation.

Instead the Judge encouraged me to believe that I could handle a final trial as a pro se litigant.

One of his comments really helps you to understand how much he believed that I or anyone was/is competent to deal with a final trial.

" A trial is just an extended hearing."
Judge Charles E. Porcellino

What a moronic thing to say in open court AND to a pro se litigant.
Especially when you consider how horribly I was performing when dealing with JUST a hearing.

Better that a Judge focus on convincing a pro se litigant to choose a new attorney.

I will admit that because of the trauma I suffered from my first "Law Firm from Hell" and the Dr. Jeckel first 6 months, then the Mr. Hyde experience of the last year before they withdrew. I admit I was terrified to choose another attorney.

But if the Judge had been encouraging me to choose a new attorney, instead of believing that I was capable of representing myself, maybe I would have been able to over come my fear and hire a new attorney.

A believe that a Judge should try every opportunity to get a reluctant supplicant to hire a new attorney, especially if that supplicant is stating multiple times that they are not qualified to be pro se.

Those that are wanting to be Pro se, fine let them,

but for those of us who have been traumatized by a former attorney, we need to be encouraged to believe that we are not likely to again be victimized by the next attorney that we choose.

NOT be forced by an impatient Judge to deal with a final trial as a pro se litigant just so he can get us off his calandar.

I do now have the money to pay for an appeals attorney, as I have a personal injury settlement, which will probably all end up in the hands of attorneys.

But hopefully the appeal will get me the maintenance that the Judge said I was entitled to, but that he cheated me out of by forcing me to go pro se.

And maybe even better, set a pressident (a new law) that forces Judges to pay attention to why a supplicant may be having trouble phsychologically in getting a new attorney.

There are plenty of people who end up with "the Law Firm from Hell" or the "Lawyer from Hell" and that is far different from a supplicant that just wants to delay, or is adamant that they are qualified to "do it themselves".

Judges are supposed to be fair and equitable, they can't be that if they lump everyone into the same catagory.

Even during the the final trial, I did pleadings for each and every issue except I didn't get time to do my last one, Dissipation of Marital Assets, so I asked for a continuance, ONLY ONE and for ONLY that one last issue, and the Judge denied me.
WHY?
What would it have cost him to give me 28 days or 30 days to do that last pleading. I had submitted a pleading for each of the other 11 issues, so there was no way that I was dragging my feet.

Well, like I said, without the whole story I don't really know what to tell you. I can tell you are frustrated though and I hope things work out okay for you.

Good luck

[stephenk]

I dont understand. you admit you were terrified of hiring a new attorney and from your post it doesnt seem like you did anything to look for a new attorney, right?

Then you state you want the judge to "force" you to hire an attorney. How can he force you to hire an attorney if you arent looking for one on your own?

How long ago did he set the trial date? You had two options - find an attorney or prepare for the trial on your own. You say you did some of the required filings but didnt complete them.

Judges are supposed to be impartial regarding pro per litigants. A pro per is supposed to be prepared and it is assumed they know what they are doing. It would not look right if the judge is giving you advice and help and not being allowed to do the same for the other side, even if they have an attorney.

Had or have you tried legal aid or any woman's groups for assistance?

Is child custody or support at issue in this divorce?