Biased judge

What is the name of your state? California
I brought my ex-employer to court to reimburse me for damages to my hearing aids (knocked off counter and stepped on by manager during work).
The judge refused to allow me to read or refer to a prepared statement I had written because I was so nervous. In addition, my notes were not in the correct order he preferred, and he refused to accept them. He said I was wasting his time because I was unable to put them in proper order and communicate with him at the same time...I am deaf. I read lips.
He told me to come back when I was prepared, but didn't tell me how to prepare.
I called the small claims advisery and he told me the judge had 'something against me' and he advised me to drop the case because I would not win.
Is there a time frame where I can complain that I do not think the judge was impartial or fair in my case? Are judges above the law? When going to small claims court without an attorney, can a judge discriminate because a person was nervous or deaf or taking up his time?
I am really angry and feel he did not give me a chance.

My response:

This is obviously YOUR interpretation of the events. We can't know what was in the judge's mind, and whether that compares to your beliefs concerning the events. Therefore, this is one of those situations where "you had to be there" in order to give you any advice.

IAAL

J Johnson said:

I brought my ex-employer to court to reimburse me for damages to my hearing aids (knocked off counter and stepped on by manager during work).

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Curious.... what are the FULL facts on the damages??
Did the manager do this on purpose, or was it an accident??

My advice is to contact the court and ask them about the ADA grievance procedure. You should also contact a local advocacy center. I know I've been through similar problems myself, though my impairments are different from yours, the behavior of the court was equally detrimental to me. Haven't resolved mine yet either, but maybe you'll be luckier.

You should also contact the local bar association to see what they can do. If nothing else, they can direct you to how to file a complaint about a judge.

fredofly said:

My advice is to contact the court and ask them about the ADA grievance procedure.

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My response:

Do you EVEN KNOW what the hell you're talking about?

What is an ADA? Do you know?

What does an ADA have to do with Small Claims court?

Another stupid criminal posting stupid suggestions.

IAAL

Please read. Is this really justice?

Stepping on my hearing aids was an accident on the managers part...but preventable on the owners part. I had asked for a hearing aid adaptable phone so I would not have to remove my aids when answering the phone (a part of my job NOT in my job description). He refused. I have no idea why. I had to put them down to answer the phone and write masseges at the same time (no pockets in my uniform). The manager knocked them off the counter in front of me and stepped on them. The owner refused to tell his insurance company I wanted reimbursement because he 'didn't want his rates to go up'. He didn't tell me. He told the judge I told him I didn't need to be reimbursed ($5000 hearing aids and I worked at minimum wage)!
I waited 6 months before confronting him a final time...and quit because I could not afford replacing my hearing aids again.
Although my court appearance is indeed my interpretation, the fact is the small claims advisory did tell me the judge had a problem with me and I would probably not win the case...and advised me to drop the case. The fact is I am deaf.
Is it only me who feels the advice I was given pointed towards a biased judge or a judge who did not act with an impartial eye, unable to overlook my error in not having experience in his courtroom? Or is the advice I got very common to give people who are ignorant of court rules, specifically the judge's preferences, who are trying to save the court and themselves money and time because the amount being sought is not that great. I am not an attorney....that is the point of small claims I thought.

J Johnson said:

Stepping on my hearing aids was an accident on the managers part...but preventable on the owners part.

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And with that... you just lost your case. You put the hearing aid(s) down in an unsafe place or manner. I am sure that there are lots of other, safer places you could have put the hearing aid(s). You would only have a case against them if you can show that they were destroyed by negligence or malice on the part of the manager or owner. I don't see it in your post.

I had asked for a hearing aid adaptable phone so I would not have to remove my aids when answering the phone (a part of my job NOT in my job description). He refused. I have no idea why.

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Not relevant.

I had to put them down to answer the phone and write masseges at the same time (no pockets in my uniform). The manager knocked them off the counter in front of me and stepped on them.

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Is there no space UNDER the counter?? Are there no drawers?? What actions, if any, could YOU have taken to be a little more careful??

The owner refused to tell his insurance company I wanted reimbursement because he 'didn't want his rates to go up'. He didn't tell me.

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Not relevant.

Although my court appearance is indeed my interpretation, the fact is the small claims advisory did tell me the judge had a problem with me and I would probably not win the case...and advised me to drop the case. The fact is I am deaf.
Is it only me who feels the advice I was given pointed towards a biased judge or a judge who did not act with an impartial eye, unable to overlook my error in not having experience in his courtroom?

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I don't see it your way. I would assume that it is far more likely that the judge realized you had no case against the owner or manager as their actions are NOT negligent or malicious.

I appreciate your answer

But...I did not write all the facts because of space. Please let me add that I did ask for a safe place for my hearing aids. There was no counter space above or below where it was safe. It is a restaurant and we prepare food. Foods, sauces etc spill and splash all over. My suggestion was a small box I could put above the wall phones. The owner refused saying he didn't want anything on the walls. He also had a '2 ring' time limit on how soon the phone had to be answered. More then 2 rings was unacceptable. I asked for a 1-2 ring leeway. It was also refused as 'unacceptable service' to customers. There were other things not relevant except in terms of his character....adding to my employee file backdated things that never happened, lying about my time card and hours etc...
I did succeed in being given a judgement by the Labor Board that my employers willfully withheld my final check for over two weeks.
And my employer's (ex) insurance company did find I should have been covered for my loss...and did. The insurance company stopped representing them soon after I left.
Finally, after investigation, the DFEH sent my case to Sacramento after finding enough to indicate discrimination due to disability. It was 'lost' in the shuffle during a turnover of employees, went beyond the statute of limitations, was illegally mediated by a now ex DFEH employee, kicked up to EEOC for a new mediation, and dropped because, although the case met the State laws for discrimination, it did not meet the more stringent Federal requirements.
Thankyou for reading this

In addition, my notes were not in the correct order he preferred, and he refused to accept them. He said I was wasting his time because I was unable to put them in proper order and communicate with him at the same time...I am deaf. I read lips.
He told me to come back when I was prepared, but didn't tell me how to prepare. [ quote ]

You find a hearing impaired interpreter , ( one that works in the Field or a Friend that knows how to read sign language and speak English ).

You have all your evidence in order . ( neat ) . You go over the evidence in your mind ( rehearse ) , or with interpreter or Friend .

Be prepared for the Judge to interrupt and ask questions and/or take charge of the issues.( just make sure you know your evidence and have proofs ).

You could bring up the fact of what happened with the labor board , Etc .

When you're ready , refile your claim .

I don't believe the Judge was biased. I used to have a deaf Friend and it's very frustrating for both the deaf person and the hearing person . Especially when the deaf person shows emotions of frustrations . You need to keep calm and to the point,show facts and proofs ( not emotions ).

Even when I learned some sign language , communications were still frustrated .

Just curious.... of course you carry 'hazard and damage' insurance on the $5000 hearing aid(s), don't you??
And what did the insurance company say as to your claim for their damage/replacement??

And now that you have provided sufficient detail, lets relook at your original post:

I brought my ex-employer to court to reimburse me for damages to my hearing aids (knocked off counter and stepped on by manager during work).

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You can argue all of the peripheral issues where you continue to blame the employer for his failure to comply with your requests, but that does NOT make him liable for what appears to have been an accident.

The judge refused to allow me to read or refer to a prepared statement I had written because I was so nervous. In addition, my notes were not in the correct order he preferred, and he refused to accept them. He said I was wasting his time because I was unable to put them in proper order and communicate with him at the same time...

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Okay, and those issues are reasonable by the court... whether you are deaf, blind or mute. The court does not have, nor do they have to provide you with, the time for you to read or organize your notes. It is up to YOU to be prepared when they call your case.

I am deaf. I read lips.

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And though that is NOT relevant to the issue of your not being prepared, it is incumbent on YOU to notice the court and to provide an interpreter or signer if needed. The court does not have to provide SPECIAL privileges to you... only to make 'normal' allowances as they would to equalize anyone.

He told me to come back when I was prepared, but didn't tell me how to prepare.

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Sounds to me like the court was trying to accomodate you.... but you didn't know how to. And THAT is not the courts fault.

I called the small claims advisery and he told me the judge had 'something against me'

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Of course, there is nothing in your thread to indicate that the court failed in providing you the same rights and privileges as anyone else, so I doubt that any 'advisery' would make that statement.... at least in that context.

and he advised me to drop the case because I would not win.

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And after hearing your additional facts of the matter, I agree. I simply don't see where you have proven any liability on the employer for your negligence (in proper care for your property).

Is there a time frame where I can complain that I do not think the judge was impartial or fair in my case?

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Yes.... however, as noted above, I don't see that to be the case. And even your own post says the the judge told you "to come back when" you were prepared. That doesn't sound like partiality or unfair.

Are judges above the law?

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Nope.

When going to small claims court without an attorney, can a judge discriminate because a person was nervous or deaf or taking up his time?

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Again, there is nothing in your post to indicate that was the case. The court wouldn't allow you SPECIAL privileges of reading your case or time to prepare. That is not unreasonable conduct.

I am really angry and feel he did not give me a chance.

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Again, from your post, he gave you a chance... you just weren't prepared.
So, how was your case disposed??? Was it dismissed without prejudice (as it appears from your post)??? If so, refile it..... and be prepared next time.

I AM ALWAYS LIABLE said:

My response:

Do you EVEN KNOW what the hell you're talking about?

What is an ADA? Do you know?

What does an ADA have to do with Small Claims court?

Another stupid criminal posting stupid suggestions.

IAAL

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The ADA is the Americans with Disabilities Act, and it has everything to do with Small Claims court, since as a government entity they are covered under Title II of the ADA. They may also be covered under even stricter laws of the State of California.

Also, something I forgot, here's the link for the DOJ Discrimination form:

http://www.ada.gov/t2cmpfrm.htm

File that, and also see who you can contact in your local area, look for a Center for Independant Living or other advocacy group. They'll at least be able to point you to the right place. There's probably someone in the California Attorney General office.

Here's one group you can try: http://www.dredf.org/

It's certainly possible the judge had no actual malice in his actions, but there are certain standards of conduct that the court has to meet, and it's reasonable to believe from your posting that they may not have met that standard.

fredofly said:

The ADA is the Americans with Disabilities Act, and it has everything to do with Small Claims court, since as a government entity they are covered under Title II of the ADA. They may also be covered under even stricter laws of the State of California.

Also, something I forgot, here's the link for the DOJ Discrimination form:

http://www.ada.gov/t2cmpfrm.htm

File that, and also see who you can contact in your local area, look for a Center for Independant Living or other advocacy group. They'll at least be able to point you to the right place. There's probably someone in the California Attorney General office.

Here's one group you can try: http://www.dredf.org/

It's certainly possible the judge had no actual malice in his actions, but there are certain standards of conduct that the court has to meet, and it's reasonable to believe from your posting that they may not have met that standard.

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I love it when stupid is as stupid does. Makes me wonder how much it would cost to build a stable on the boat and take the only intelligent beings I know with me next cruise....oh, it's the horses.