rogue judge

[flash2go]

What is the name of your state (only U.S. law)? FL

The judge who granted an injunction to my wife against me from seeing/contacting my child with child support 600/month when I was in custody with no job, no money, no lawyer was making fun of me, mocking at me, making others laugh at me in the courtroom, etc. He was biased and so I requested him to recuse himself and he did. By the way, I was found not guilty at trial and acquitted.

I have a hearing with the new judge. Can I refer to the earlier judge as a "rogue judge" or will I get in trouble? I want to say, "This is the chance to/I am giving the court an opportunity to rectify its errors/mistakes made by the earlier judge out of racism and dismiss this injunction which is flawed. Petitioner's actions are motivated (conclusive evidence provided)".

Please advise..

TIA

 

[cyjeff]

This is why you need an attorney.

 

[LdiJ]

This is why you need an attorney.

Seriously, otherwise you are going to do yourself in.

 

[flash2go]

I would hire a lawyer (one of you folks!) if I had money. There are no jobs in this state for over a year for my skills and she moved me here to have me arrested and get a divorce at her terms (conclusive evidence). I am working on a low profile part time job and unable meet my own expenses. I cannot move out of here until this case is over and I save up some money to move to another state covering 1 months expenses. She has relatives here and I don't even have any friends to help. Forums is all the help I get. I have not seen my child for 10 months and neither did he see me for 10 months.

Do you say I cannot refer to the earlier judge as a "rogue judge"? There were public prosecutors who were referred to as "rogue" in NC/Duke Univ students' case last year by another lawyer.

 

[flash2go]

Me and my child could not see each other for 10 months. For the separation/damage the judge/she did to us, I just wanted to know if it is ok to have him recorded as a rogue judge in the court recordings.

 

[CdwJava]

Judges do not usually take it well when you refer to one of their peers as "rogue" or anything derogatory.

Address the issues on their merits, make a case as to why you should be granted visitation, why you believe the alimony/child support is too high, etc. The issue is the terms, not the judge. If the terms of the custody and divorce agreements are legally outrageous, a judge will see that. Typically, these things are bound into some very tight rules so there is a good likelihood that the terms are within legal boundaries. So, argue the legality or reasonableness, not that the judge embarrassed you.

As a note, without an attorney you can probably expect to lose. Sorry.

- Carl

 

[quincy]

I agree with the others that you should let the previous court records stand on their own. You should not try to embellish them in any way with claims that the previous judge was a rogue or a racist. However, to answer your original question, calling the previous judge a rogue or a racist during the court proceedings before the new judge would not lead to any defamation action being filed against you. What is said during a court proceeding is considered privileged and the statements made are immune from defamation prosecution.

The others who have posted are right that most judges prefer facts and not opinions, and judges will base their decisions on the facts. Opinions can muddy the waters and will rarely work in your favor. If it is clear from the record that the previous judge was biased in any way, the new judge will (or should) see that.

Are there any free/low-cost legal aid clinics near you, where you can get some personal assistance?

Gathering information from online sources can help you in a very general sense, and can help you become aware of the issues involved in your case. Only an attorney, however, who meets with you face-to-face, and has in front of him all of the records and facts of your situation for personal review, can provide you with the real legal help that you need in order to present your case properly in court.

Good luck.

 

[BL]

The court( new Judge) will know this was sent back for further proceedings .

Stick to the facts you were acquitted of DV showing proof. Also request make up time with the children .

DO-NOT speak about the other Judge.

In my experience when the case is sent back for further review / proceedings , the new Judge tends to stick to the laws .

Research your CS calculator for your State and see what you should be paying .

Although if you have a degree or training that would allow a higher paying job , you may be inputed that amount .

At least request a temporary downward amount consistent with your present employment .