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xavierjd
xavierjd, Attorney
Category: Legal
Satisfied Customers: 3400
Experience:  20+ yrs in criminal, landlord/tenant, family, & small claims
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I have a judge who is biased. I really dont care why at this

Customer Question

I have a judge who is biased. I really don't care why at this point. I am looking for an exit strategy out of her court room that would put in a good position to appeal. I can tell her that she is not giving me the right to speak and walk out. Or would it be better to let her make an adverse decision to me and then take an appeal? Therefore being able to cite the fact that she is not listening plus demonstrate that she has not also upheld the law. My case is very strong from a legal standpoint.
Submitted: 1 year ago.
Category: Legal
Expert:  xavierjd replied 1 year ago.
Thanks for using JustAnswer.com It will be my pleasure to assist you today.

What type of case do you have before the court? Civil, criminal, divorce, etc.

Thanks
Customer: replied 1 year ago.

A family post judgment case

Expert:  xavierjd replied 1 year ago.
Hi Elise,

I am so sorry that you have had such a difficult time. Sometimes you must feel that your nightmare will never end.

As far as the judge goes, it is better to just try and make a record. For example, when it is your turn to speak at the hearing, say something like, "Your Honor, I have something that I would like to say that pertains to the matters at hand." If you are allowed to speak, then say your peace, but when you do so, you must be very calm and respectful. If you are not allowed to speak, you may say something like, "Your Honor, I would like to make a record." If the judge says "no," that in and of itself may be a ground for appeal.

If you say something and walk out of court, it is possible that you may be charged with contempt of court. Don't take that chance. If you have to appeal, you will want to have a "clean and clear record" for the appeals court.

As far as the judge goes, if you believe that s/he is biased, you can file a Complaint with the Judicial Review Council.

Below is a link to the Judicial Review Council Information Council.

http://www.ct.gov/jrc/cwp/view.asp?a=3061&q=384668#complaints


Moreover, below is a link to the form that must be completed and submitted to the Council if you file a Complaint against the judge.

http://www.ct.gov/jrc/lib/jrc/Complaint_Form2.pdf


I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. If you are satisfied with my answer, please rate it as "excellent" or in another positive manner. That is the only way that I can get credit for answering the question.

Thank you for your business!

XavierJD

Customer: replied 1 year ago.

What does it mean when you tell the judge you are making a record. What exactly do you do? Also it sounds the best thing to do is


let her


make a final ruling. is that correct?


 


 

Expert:  xavierjd replied 1 year ago.
Hi Elise,

In every court proceeding, a court reporter takes down EVERYTHING that all parties say. Or, there is a video recording made and the court reporter transforms the video into writing. The "record" of the proceeding must accompany any appeal. If you appeal, you must pay the cost (usually per page) for the court reporter to create a written record.

Appeals courts only use "the record" of court proceedings when there is an appeal. You can argue that the judge made a bad decision based on "the record" sent to the appeals court. You have to indicate, with the statutory law and/or case law that applies to your situation and show how the judge "abused his/her discretion" in making the ruling that was made.

If you are given an opportunity, you should "create a record" that indicates why your position is correct. That way, if you lose, the appeals court has "on record" that you objected to the court's ruling and why.

Just remember, everything you say is "on the record." So, don't argue with the judge or the other party involved. Just speak your peace calmly and indicate why your ex's position is wrong.

You must attach a copy of "the record" when the case, if necessary, goes to the appeals court.

Make your arguments without degrading the judge, because, remember, the record may have to go to the appeals court. If you go off on the judge or your ex, the record will NOT look good for you. So, once the judge says s/he is done hearing the motion and the arguments made by the parties, just let her make her decision.

If the ruling is unfavorable to you, then order the transcript of the hearing and appeal. Depending upon the length of the hearing, a transcript may be expensive. But you will need it if you have to appeal.

At the hearing, don't want to say anything about the judge or your ex that is degrading. You want to be seen as cool headed party. And, no matter the outcome of the proceeding, just say "thank you, XXXXX XXXXX" and leave. Save any unlawful decisions made by the judge for the appellate court. You will look MUCH better that way.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. If you are satisfied with my answer, please rate it as "excellent" or in another positive manner. That is the only way that I can get credit for answering the question.

Thank you for your business!

XavierJD

xavierjd, Attorney
Category: Legal
Satisfied Customers: 3400
Experience: 20+ yrs in criminal, landlord/tenant, family, & small claims
xavierjd and 5 other Legal Specialists are ready to help you
Expert:  xavierjd replied 1 year ago.
Hi Elise,

Thank you so much for the "excellent service" rating and for the generous bonus! Both are greatly appreciated and I am glad that you found the information useful.

If you have future questions, you can specifically request me by name as the expert.

Thanks again,

xavierjd

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xavierjd
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20+ yrs in criminal, landlord/tenant, family, & small claims