What is the name of your state (only U.S. law)? Michigan
I was the plaintiff in the small claims case, and the magistrate who heard the case was beyond rude, shouting to the point that I thought he was going to have a heart attack or a stroke -- or both. I had never witnessed anything like it, except on an episode of a TV show where the judge actually DID have a heart attack.
I sent the following letter to the Judicial Committee:
To Whom It May Concern:
On September 16, 2010, I was a plaintiff in Magistrate Kenneth Roy’s courtroom for a small claims case.
According to the State of Michigan Judicial Tenure Commission Code of Official Conduct, Mr. Roy violated at least two of his Adjunctive Responsibilities listed in CANON 3, specifically paragraphs 3 and 10:
3. A judge should be patient, dignified, and courteous to litigants, jurors, witnesses, lawyers, and others with whom the judge deals in an official capacity, and should require similar conduct of lawyers and of staff, court officials, and others subject to the judge's direction and control.
10. Without regard to a person's race, gender, or other protected personal characteristic, a judge should treat every person fairly, with courtesy and respect. To the extent possible, a judge should require staff, court officials, and others who are subject to the judge's direction and control to provide such fair, courteous, and respectful treatment to persons who have contact with the court.
These Adjunctive Responsibilities were not followed or even considered. The entire experience was unethical and unprofessional.
Mr. Roy continually shouted, interrupted, and treated my witness and me with extreme disrespect. I have a hearing problem and stutter, yet Mr. Roy made jokes about this in his courtroom. Mr. Roy did not show me any consideration or even treat me like a human being. I was extremely nervous, which is normal for a person to be nervous in court. When I was asked to give the name of my witness, Mr. Roy again shouted at me because I was nervous, and he was beyond rude and disrespectful to my witness, Mr. John Smith.
I am not sure if Mr. Roy was friends with the defendant, Mr. Johnson, but Mr. Roy treated Mr. Johnson somewhat respectfully and allowed Mr. Johnson to read a one-page statement. When I attempted to read my written statement, Mr. Roy again interrupted me, shouted, and treated me as if I was not a human being. Mr. Roy also took excessive amounts of time pontificating about things that had nothing to do with the case – as if he was speaking just for the sake of hearing himself speak.
At the conclusion of Mr. Roy’s many soliloquies, he insulted and psychoanalyzed me in front of the entire courtroom, which was not only unprofessional, it was extremely humiliating and embarrassing.
Mr. Roy refused to look at any of the medical evidence I had from William Beaumont Hospital and three additional physicians – evidence that included X-rays, medical examinations, and letters from physicians, which verified that I did indeed suffer physical injuries due to being assaulted by the defendant, Mr. Johnson. (X-rays do not lie.)
Thank you for your consideration.
Sincerely,
********
Actually, the magistrate wasn't necessarily "respectful" to the defendant, he just didn't shout quite as much, though he did make fun of his improper English.
Will the Judicial Committee do anything? I mean, will they write him a letter? I know he won't lose his job or anything of the sort, I just wondered if this will be addressed at all.
Also -- am I permitted to write a personal letter to the magistrate? His behavior was beyone unprofessional. I have been in several courtrooms in my lifetime and have never witnessed this type of erratic behavior from a judge.
Can I write to the court administrator? The head judge? It simply shouldn't have been allowed, this behavior. This wasn't a murder trial for God's sake!
EDIT: I understand this will not change the outcome of the case.
I was the plaintiff in the small claims case, and the magistrate who heard the case was beyond rude, shouting to the point that I thought he was going to have a heart attack or a stroke -- or both. I had never witnessed anything like it, except on an episode of a TV show where the judge actually DID have a heart attack.
I sent the following letter to the Judicial Committee:
To Whom It May Concern:
On September 16, 2010, I was a plaintiff in Magistrate Kenneth Roy’s courtroom for a small claims case.
According to the State of Michigan Judicial Tenure Commission Code of Official Conduct, Mr. Roy violated at least two of his Adjunctive Responsibilities listed in CANON 3, specifically paragraphs 3 and 10:
3. A judge should be patient, dignified, and courteous to litigants, jurors, witnesses, lawyers, and others with whom the judge deals in an official capacity, and should require similar conduct of lawyers and of staff, court officials, and others subject to the judge's direction and control.
10. Without regard to a person's race, gender, or other protected personal characteristic, a judge should treat every person fairly, with courtesy and respect. To the extent possible, a judge should require staff, court officials, and others who are subject to the judge's direction and control to provide such fair, courteous, and respectful treatment to persons who have contact with the court.
These Adjunctive Responsibilities were not followed or even considered. The entire experience was unethical and unprofessional.
Mr. Roy continually shouted, interrupted, and treated my witness and me with extreme disrespect. I have a hearing problem and stutter, yet Mr. Roy made jokes about this in his courtroom. Mr. Roy did not show me any consideration or even treat me like a human being. I was extremely nervous, which is normal for a person to be nervous in court. When I was asked to give the name of my witness, Mr. Roy again shouted at me because I was nervous, and he was beyond rude and disrespectful to my witness, Mr. John Smith.
I am not sure if Mr. Roy was friends with the defendant, Mr. Johnson, but Mr. Roy treated Mr. Johnson somewhat respectfully and allowed Mr. Johnson to read a one-page statement. When I attempted to read my written statement, Mr. Roy again interrupted me, shouted, and treated me as if I was not a human being. Mr. Roy also took excessive amounts of time pontificating about things that had nothing to do with the case – as if he was speaking just for the sake of hearing himself speak.
At the conclusion of Mr. Roy’s many soliloquies, he insulted and psychoanalyzed me in front of the entire courtroom, which was not only unprofessional, it was extremely humiliating and embarrassing.
Mr. Roy refused to look at any of the medical evidence I had from William Beaumont Hospital and three additional physicians – evidence that included X-rays, medical examinations, and letters from physicians, which verified that I did indeed suffer physical injuries due to being assaulted by the defendant, Mr. Johnson. (X-rays do not lie.)
Thank you for your consideration.
Sincerely,
********
Actually, the magistrate wasn't necessarily "respectful" to the defendant, he just didn't shout quite as much, though he did make fun of his improper English.
Will the Judicial Committee do anything? I mean, will they write him a letter? I know he won't lose his job or anything of the sort, I just wondered if this will be addressed at all.
Also -- am I permitted to write a personal letter to the magistrate? His behavior was beyone unprofessional. I have been in several courtrooms in my lifetime and have never witnessed this type of erratic behavior from a judge.
Can I write to the court administrator? The head judge? It simply shouldn't have been allowed, this behavior. This wasn't a murder trial for God's sake!
EDIT: I understand this will not change the outcome of the case.
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