Is this enough to have my judge recused by Ohio Supreme Court?
My judge is an idiot lol..heres the background..
I filed an appeal last year, paid the filing fee and the clerk gave me an estimate of $2000 for transcript cost. It took her 6 months to prepare the transcripts - when I get them there is a new bill for an additional $1500 because she forgot to add 6 hours of testimony
. Now, at no time during that 6 months did she mention - oops..because if she would have that would have allowed me time to pay the extra amount...anyway..I won my appeal..7 out of 9 errors and the appellate
court ordered that me and my ex split the cost...well I already have paid half...
Now, I have had more court issues with my ex..that I filed an appeal on...the appellate court granted me leave to proceed in forma pauperis and ordered no deposit for cost will be required.
The lower court turns around after I file my timely notice of appeal and orders ME to pay the remainder of the transcripts from the first appeal and says it refuses to order the clerk to do transcripts until I pay$1500 and an additional $2100 for the new transcripts - I objected to it on the grounds - one - you have no jurisdiction over the subject matter - appellate court already ordered the cost to be split and he has no jurisdiction to refuse the preparation of the new transcripts because the appellate court granted me leave ...
He says in court - "cost" do not include transcripts and if you don't like my decision - take it up with the court of appeals because I'm going to stop these appeals.
He is an idiot!!
App. R. 24(B) - Costs
As used in this rule, "costs" means an expense incurred in preparation of the record including the transcript of proceedings, fees allowed by law, and the fee for filing the appeal. It does not mean the expense of printing or copying a brief or an appendix.
Pursuant to R.C. 2506.02 Notice of appeal - filing transcript.
Within forty days after filing a notice of appeal in relation to a final order, adjudication
, or decision covered by division (A) of section 2506.01 of the Revised Code, the officer or body from which the appeal is taken, upon the filing of a praecipe by the appellant, shall prepare and file in the court to which the appeal is taken, a complete transcript of all the original papers, testimony, and evidence offered, heard, and taken into consideration in issuing the final order, adjudication, or decision . The costs of the transcript shall be taxed as a part of the costs of the appeal.
Of course - I'm going to file a petition for a writ of mandamus
- but is that strong enough to get him recused? I already know that its very difficult - and I don't want to jump the gun because in time this guy will say some crappy stuff on the record - he was my magistrate for 2 years until appointed as judge - he suffers from lil man syndrome ...and its clear he is trying to restrict me access to the Court of Appeals by denying me transcripts when its clear I need them...and $2100 for 6 hours of hearing..thats slightly over kill...when the rules are $2 original and $1 for copies..