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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 23605
Experience:  Lawyer
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I would like to know how do I file a complaint/case against

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I would like to know how do I file a complaint/case against a Judge for not upholding the law in an Iviction case. Tenant had move (2) other people in with her (1) in which (9) protrol cars, Helicopter and guns drawn and police dogs was arrested. I tried to speak to the tenant and let her know she was in violation of park guest rules. She cused me out and said if I didn't like it evict me. Si I did. I posted a 3 day eviction notice, waited the (5) days before applying with the courts to evict. A order for pretrial conference was set and the tenant was ordered to pay all accueing rent into the court. When we got to to the pretrial it was determed the tenant had not paid any rent into the court. At that time according to Chapter 723.063 and I quote: The failure of the mobile home owner to pay rent, or portion therof,into the registry of the court as required herein constitutes and absolute waiver of the mobile home owner's (tenant) defenses other than payment,and the park owner is entitiled to an immediate default. The judge proclaimed I broke the law according to Chapter 723.061 and did not give the tenant a 5 day eviction notice, and granted the tenant to (2) months free rent and they do not have to leave until July 31, 2013. In review of 723.061 it states: if the default continues for 5 days after delivery of a written demand by the mobile home park owner for payment of the lot rental amount, the park owner may terminate the tenancy. I feel that the law was not upheld by the judge and further the eviction notice stated that the tenant had moved people in with her that had endangered the other residence safety and according to Chapter 723.061 (1) (b) the tenant should o had to vacate the premises 7 days after the eviction notice was posted.

Please help, I followed the laws set before me it is evident the Judge clearly ignored the law and placed the financial responsibilty on me to provide housing for another month. I really would like to know how do you file a complaint against a Judge for not upholding the law?
Submitted: 2 years ago.
Category: Legal
Expert:  Lucy, Esq. replied 2 years ago.

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Unfortunately, judges have immunity from suits arising out of their legal function as judges. That is the only way that the legal system can be able to work. Because nearly every lawsuit has a lower and a winner, judges couldn't do their jobs if they had to worry about being sued.

With that said, the Judicial Qualifications Committee does investigate Complaints against judges, related to a disability that prevents the judge from working or judicial misconduct. Here is a form that can be printed and mailed:

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 2 years ago.

How does this form help, due to the statement on the last page. Are you telling me the Judge is able to due as he pleases and does not have to go by the Law?

Expert:  Lucy, Esq. replied 2 years ago.
Judges have some discretion in making decisions. If they abuse their discretion, their decisions may be reversed on appeal. However, if an abuse of discretion crosses the line into misconduct, the Judicial Qualifications Committee can look into it. They do have the ability to discipline judges, which can include removing someone from the bench for gross or repeated violations.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 23605
Experience: Lawyer
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