What is the name of your state (only U.S. law)? Michigan
I asked this question before, but I have new information, so forgive the repeat. My hearing was on September 16th, and I had one week to appeal. During this time I received threatening emails from the defendant and my apartment was burglaralized (though I cannot prove it was he who did it -- but my apartment is VERY hard to find, so only he would know where it is).
Anyway, I was told I had to write a letter to the court administrator requesting an appeal beyond the one-week time frame, and explain why I initially changed my mind.
Here is my letter, should I send it? Or should I send it to the Judicial Board for investigation and forget about the appeal?
Dear Mr. Smith:
On September 16, 2010, I was a plaintiff in Magistrate Brown's courtroom for a small claims case. Mr. Brown continually shouted, interrupted, and treated me with extreme disrespect.
I have a hearing problem and stutter, yet he made jokes about this in his courtroom. Mr. Brown 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. Brown again shouted at me because I was nervous.
I am not sure if Mr. Brown was friends with the defendant, Mr. Green, but Mr. Brown treated Mr. Green respectfully and allowed Mr. Green to read a one-page statement. When I attempted to read my written statement, Mr. Brown again interrupted me, shouted, and treated me as if I was not a human being. Mr. Brown 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 end of Mr. Brown's soliloquies, he psychoanalyzed me in front of the entire courtroom, which was not only unprofessional; it was extremely humiliating and embarrassing to me.
According to the Judicial Tenure’s Commission, Mr. Brown 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. For these reasons I am requesting to exercise my right to appeal Mr. Brown's verdict and have my case heard in front of a judge.
The reason I initially cancelled my request for an appeal was because I received threatening letters and emails from the defendant, Mr. Green, telling me I would be “regret it” if I did not drop the Small Claim lawsuit. Also during this time, my apartment was burglarized (I filed a police report). I have no doubt that the defendant, Mr. Green, was involved, but I am unable to prove it.
Again, for these reasons I am requesting an appeal. Thank you for your consideration.
Sincerely,
[My Name]
I asked this question before, but I have new information, so forgive the repeat. My hearing was on September 16th, and I had one week to appeal. During this time I received threatening emails from the defendant and my apartment was burglaralized (though I cannot prove it was he who did it -- but my apartment is VERY hard to find, so only he would know where it is).
Anyway, I was told I had to write a letter to the court administrator requesting an appeal beyond the one-week time frame, and explain why I initially changed my mind.
Here is my letter, should I send it? Or should I send it to the Judicial Board for investigation and forget about the appeal?
Dear Mr. Smith:
On September 16, 2010, I was a plaintiff in Magistrate Brown's courtroom for a small claims case. Mr. Brown continually shouted, interrupted, and treated me with extreme disrespect.
I have a hearing problem and stutter, yet he made jokes about this in his courtroom. Mr. Brown 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. Brown again shouted at me because I was nervous.
I am not sure if Mr. Brown was friends with the defendant, Mr. Green, but Mr. Brown treated Mr. Green respectfully and allowed Mr. Green to read a one-page statement. When I attempted to read my written statement, Mr. Brown again interrupted me, shouted, and treated me as if I was not a human being. Mr. Brown 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 end of Mr. Brown's soliloquies, he psychoanalyzed me in front of the entire courtroom, which was not only unprofessional; it was extremely humiliating and embarrassing to me.
According to the Judicial Tenure’s Commission, Mr. Brown 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. For these reasons I am requesting to exercise my right to appeal Mr. Brown's verdict and have my case heard in front of a judge.
The reason I initially cancelled my request for an appeal was because I received threatening letters and emails from the defendant, Mr. Green, telling me I would be “regret it” if I did not drop the Small Claim lawsuit. Also during this time, my apartment was burglarized (I filed a police report). I have no doubt that the defendant, Mr. Green, was involved, but I am unable to prove it.
Again, for these reasons I am requesting an appeal. Thank you for your consideration.
Sincerely,
[My Name]
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