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Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32537
Experience:  Began practicing law in 1992
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What actions would ajudge have to perform in court to be guilty

Customer Question

What actions would ajudge have to perform in court to be guilty of barratry?
Submitted: 3 years ago.
Category: Legal
Expert:  Dwayne B. replied 3 years ago.

JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

JD 1992 :

Essentially the judge would have to try and convince someone to hire or pay a specific attorney.

JD 1992 :

Is there a specific set of facts you are curious about?

Customer :

Hmmm...

Customer :

Hmmm....

Customer :

Perhaps barratry is not the right term. I know of a case where a a person settled a debt with an alleged creditor privately and submitted all of his interactions, notarized correspondences, etc to the jugde under private notary seal.

Customer :

when he went to court the judge refused to acknowledge the private submission and treated it as a controversy that needed to be ruled on.

Customer :

my understanding is that a private notary submission is considered settled and only needs to be acknowledged by the judge in a public court. True? What would the judge be trying to do here?

JD 1992 :

I'm not sure what you mean by a "private notary submission". Can you explain?

Customer :

What would you call that action?

JD 1992 :

Are you saying that the judge refused to recognize a settlement?

Customer :

Using a notary as a third party witness to the interactions (negotiation) between the two parties, leading to a setoff of the alleged debt and a public acknowlegement in favor of the private secured party creditor

JD 1992 :

A notary simply swears that the signatures are of who they claim to be.

JD 1992 :

Is the essence of what you're asking whether the judge violated some rule by refusing to recognize a settlement?

Customer :

yes...

JD 1992 :

There is no rule that states a judge has to approve a settlement although they usually do.

JD 1992 :

The judge could refuse to approve it if it failed to dispose of all claims, if he felt it wasn't entered into willingly, etc.

JD 1992 :

That is why a judge has to approve a settlement. If it was just a rubberstamp it wouldn't be an approval.

Customer :

yes...does this constitute a violation of the double jeapardy provision or a violation or responsibility the two parties have to freely contract with each other?

JD 1992 :

No, double jeopardy doesn't apply in any way to this situation since it only involves criminal cases. It also isn't a matter of interfering with a contractual relationship since one of the parties has placed this matter under the court's jurisdiction by filing the lawsuit.

JD 1992 :

Did you have additional questions?

JD 1992 :

The website is showing you are offline so I will exit so I can assist other customers. Please feel free to ask any follow up questions that you have in this thread. However, please do not issue a rating until our interaction is complete and all of your questions have been answered.

Customer :

If the two parties were shown to be in agreement based on their sworn affidavits or by acquiescence to the facts would not the judges role be just to give a public acknowledgement of a private contract? If there is no controversy is there a need for anything else from a judge?

JD 1992 :

I wouldn't think there would be a need for anything else and I'm not sure why a judge wouldn't approve it.

JD 1992 :

However, it isn't mandatory on a judge to to that.

JD 1992 :

The parties could choose to dismiss their case(s) and move forward with the agreement.

JD 1992 :

If the judge won't acknowledge the settlement agreement.

Customer :

Thanks JD 1992, you have been helpful.

JD 1992 :

Glad to be of assistance and I wish you the best.

JD 1992 :

Please don't forget to leave a positive rating so I get credit for my work.