Conflict of Interest?

[KLK84]

IL

My husband was wrongfully convicted of a class C Misdemeanor. My question is: my husband was accused of threating harm to the courthouse via phone. This courthouse employee that my husband spoke to (and is the one who filed the complaint) previously worked as a assistant to the Judge presiding on the case. The Judge actually made a comment that he knew her and she worked for him. Is this a conflict of interest? The Judge certainly was biased- how is this fair? Is there anything I can do in regards to filing a complaint, etc?

 

[Just Blue]

IL

My husband was wrongfully convicted of a class C Misdemeanor. My question is: my husband was accused of threating harm to the courthouse via phone. This courthouse employee that my husband spoke to (and is the one who filed the complaint) previously worked as a assistant to the Judge presiding on the case. The Judge actually made a comment that he knew her and she worked for him. Is this a conflict of interest? The Judge certainly was biased- how is this fair? Is there anything I can do in regards to filing a complaint, etc?

This, legally speaking, has nothing to do with you. Your husband can address any concerns he has with his attorney.

 

[KLK84]

Actually it does have everything to do with me. It is a VERY complicated situation. I am the one who actually made the statements but my husband was accused of making them. No one at the courthouse would let me write a witness statement, etc. His attorney blew me off. So, I am actually the one who is "guilty." He is my husband. Anything that happens to him, happens to me. That is what marriage is.

The question is about how to "report" the Judge if it is indeed a conflict of interest, etc.

 

[KLK84]

Actually it does have everything to do with me. It is a VERY complicated situation. I am the one who actually made the statements but my husband was accused of making them. No one at the courthouse would let me write a witness statement, etc. His attorney blew me off. So, I am actually the one who is "guilty." He is my husband. Anything that happens to him, happens to me. That is what marriage is.

His attorney did ABSOLUTELY NOTHING. I am going to follow through on that- however, that is a totally different issue than what I posted.

 

[adjusterjack]

Is this a conflict of interest?

No.

The Judge certainly was biased

Every convicted person says that.

Is there anything I can do in regards to filing a complaint, etc?

I'm sure that, somewhere online, you can find instructions about filing a complaint against a judge. Just don't expect it to change anything.

I am the one who actually made the statements but my husband was accused of making them. No one at the courthouse would let me write a witness statement, etc. His attorney blew me off. So, I am actually the one who is "guilty."

Why didn't you just stand up in court and say "I made the threat, not my husband."

Nobody could have stopped you and it might have put a stop to the hearing pending further investigation.


Your husband can appeal the conviction if there are grounds for an appeal. He can talk to a lawyer about that.

 

[KLK84]

No.



Every convicted person says that.



I'm sure that, somewhere online, you can find instructions about filing a complaint against a judge. Just don't expect it to change anything.



Why didn't you just stand up in court and say "I made the threat, not my husband."

Nobody could have stopped you and it might have put a stop to the hearing pending further investigation.


Your husband can appeal the conviction if there are grounds for an appeal. He can talk to a lawyer about that.

That is absolutely what I wanted to do. However, then I get arrested for contempt. My husband's attorney got the official report 2 hours before they appeared before Judge. So I did not even know it was documented (my statement).

 

[KLK84]

That is absolutely what I wanted to do. However, then I get arrested for contempt. My husband's attorney got the official report 2 hours before they appeared before Judge. So I did not even know it was documented (my statement).

Every convicted person says what? That the Judge was biased? HE WAS! The employee that had my husband arrested used to work for that Judge. He knew her very well! How can he not be biased???????

 

[adjusterjack]

I don't believe for a minute that there was any bias simply because there was an employee relationship.

But if you believe there was, you are welcome to pay an attorney to file an appeal of the conviction.

Cause anything else you do is not going to get your husband unconvicted.

 

[KLK84]

Thanks for your advice.

Of course there was a bias. The women was essentially his secretary! It was said if my husband elected for a jury trial the Judge would have to be replaced..... due to bias!!!!!!!! So if they do that for trial... why does this not apply to my husband's hearing?

 

[KLK84]

I don't believe for a minute that there was any bias simply because there was an employee relationship.

But if you believe there was, you are welcome to pay an attorney to file an appeal of the conviction.

Cause anything else you do is not going to get your husband unconvinced.

I know we cannot undue it. However, what happened is WRONG. These government employees are free to do whatever they want. The phone call was not recorded so they went by the woman's report. My husband and I were on speaker when we were talking to her. She knew the difference between a female and male voice.

If you want to let the government keep screwing you over be my guest. I am standing up to this BS.

 

[KLK84]

Why are you all so angry in these threads? Such negativity. All I was asking for was some simple advice. I do not need rude commentary.

 

[adjusterjack]

Nobody here is angry with you. Your perception of anger is on you.

Everything else is in response to your rant, for which there is no EVIDENCE, that you have yet to produce.

The employee relationship, by itself, is not evidence of bias.

Prove it, don't just say it.

The simple advice is that your husband can appeal his conviction.

 

[stealth2]

I am the one who actually made the statements but my husband was accused of making them.

So why didn't you confess? Either in court or by calling the prosecutor? You're the one who's left your husband in this position - perhaps you should take responsibility?

 

[Just Blue]

I know we cannot undue it. However, what happened is WRONG. These government employees are free to do whatever they want. The phone call was not recorded so they went by the woman's report. My husband and I were on speaker when we were talking to her. She knew the difference between a female and male voice.

If you want to let the government keep screwing you over be my guest. I am standing up to this BS.

Unbelievable. This situation is all on you. Not the employee. Not the Judge. You.

Learn to conduct yourself like a rational adult rather than a lowlife thug and you won't have to deal with these issues.

If you want to really help your husband, go to the police department and confess to the crime you committed that he is being punished for. Why you would allow him to go to court, stand trial and be convicted rather than admit your wrong doing is a head scratcher.

 

[Taxing Matters]

The Judge certainly was biased- how is this fair? Is there anything I can do in regards to filing a complaint, etc?

The legal and moral issues here have to be looked at separately. I'll address the legal issue first. The judge may have been biased. But there's not a lot you can do about it. It would be up to your husband to do that. Was your husband convicted by the judge in a bench trial (a trial without a jury) or did a jury convict him? If a jury convicted him that'll be tougher to show a bias that would have affected the outcome. There is also the issue of when the potential bias was discovered. If your husband or his lawyer knew about it at the time of trial or within the time to appeal, he should have raised the issue then. If he did not, he may be considered to have waived the issue. He'd need to discuss his situation with a criminal defense attorney who does post conviction relief cases to see if he has any way to get the conviction reversed based on that bias. Note that getting the conviction reversed doesn't mean the end of the matter. The state might still be able to move for a new trial in front of a different judge, in which case the outcome could well be the same. Now, were you to confess to being the actual one to make the statements involved, that might help get your husband's conviction vacated, with the potential result that you'd end up convicted instead. You really want to talk to a lawyer before doing that.

Morally, you should take responsibility for your own actions, and should have come forward at trial to testify that you made the statements, not him. Why didn't you do that, if what you are seeking is a morally right outcome? You might still be able to do that to set the record straight and take ownership of this. Again, you may want the help of a lawyer to do that in the least damaging way possible.