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William B. Esq.
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Experience:  Civil litigation attorney for individuals and businesses.
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Is this enough to have my judge recused by Ohio Supreme Court?My

Resolved Question:

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..
Submitted: 10 months ago.
Category: Legal
Expert:  William B. Esq. replied 10 months ago.
Hello,

Thank you for using our service. My name is XXXXX XXXXX I would like to assist you today.

You are correct, it is difficult to force a recusal of a judge in a matter. However, overtly hostile behavior towards a party or their counsel is a basis for removal. Unfortunately, I cannot answer for you the bigger question as to whether or not this particular judge's conduct rises to the level allowing disqualification, but given the fact that he has ignored a higher court's ruling, and that he is holding your current appellate matter "hostage" by refusing to release your transcripts out of apparent spite or ill-will regarding the recent reversal of his opinions, would make for a strong case.

For more detailed information, and for a set of examples regarding cases in which recusal or disqualification were upheld, and those in which they are not, you can read this law firm's article here: http://www.gallaghersharp.com/useful_tools/Conflicts%20of%20Interest.pdf

I hope the above is helpful, if you have any questions please do not hesitate to let me know and I will follow up quickly.

Thank you for using our service, please do not forget to rate my answer when you are satisfied. I do wish you the best of luck in this matter.
Customer: replied 10 months ago.

I didn't look at it like that..I like that..but it wasn't his ruling that was over-turned it was another judge that just recused himself..anyway..one more question...because I really want to try to get him off this case..my case has been going on since 2010 - I still do not have a valid divorce decree because they keep screwing it up - anyway -


 


This judge scheduled a hearing for Octobre 30..now the issues he was going to hear, were already disposed of in a final judgement order issued by the other judge - I objected..because I had already filed a timely notice of appeal, I invoked the appellate court's jurisdiction, yada yada...


 


The day before the hearing..this judge enters an order on the issue we are having a hearing on - and then come the 30th - he goes ahead and has the hearing?? Are you following me? He already made a decision on the issue - its date stamped - and then he holds a hearing...I havent researched this - but I know this is a fundamental screw up...

Expert:  William B. Esq. replied 10 months ago.
Without looking at your documents, I cannot give you a certain answer here, but in the jurisdictions where I practice it is not uncommon for a Court to issue what is called a "tentative ruling" or order. This order is issued prior to the hearing, and gives the parties the opportunity for oral argument at the hearing if they believe the judge's ruling is incorrect. If the parties agree with the ruling (or believe there is nothing to be gained through oral argument), the hearing is not necessary and the tentative ruling becomes final.

I am sorry to hear about this incredibly frustrating experience, I do hope the above is helpful, the judge does have the option to issue a ruling without oral argument (It is authorized by Ohio Rule of Civil Procedure 7(B)(2)), but this is done only to "expedite its business" and holding a hearing following such a determination is counter intuitive to this rule.
Customer: replied 10 months ago.

Ok - I understand that - however - this judge didn't have jurisdiction to enter a ruling because I had already timely filed a notice of appeal and filed a petition for writ of prohibition - I also objected to it and invoked the Appellate Court's jurisdiction, and no one knew he entered a ruling on the issue until after the hearing when it came in the mail..it wasn't even on the docket and still isn't on the docket. This judge is exceeding his authority on every issue. These issues were already decided by the previous judge who I won my appeal against and that judge recused himself after refusing to follow the appellate court's mandate - its because its a small county and these judges are used to running it any way they choose - however after I was "hosed" by the first judge - I decided to go to school and become a paralegal...thats how I was able to win my appeal..


 


I'm not about to lay down and let another judge screw me over - you have no idea what I've been through - they deny everything and fail to adhere to to statutory mandates - example - I filed a motion and requested a GAL - judge denied it - I requested the children to be interviewed - Judge Denied it - I requested timely findings of fact - judge denied it..Judge failed to place a value and divide any marital assets - on and on...I'm like how the hell did you become a judge? The Appellate court was even shocked ...3 appeals later..here we are..


 


I have to get this judge recused - sadly this is the third judge in this case - the other 2 have already recused themselves..its ridiculous..its like a circus absent midgets being shot from a canon...

Customer: replied 10 months ago.

When I said the previous judge already ruled on the issue - that was a final appealable order

Expert:  William B. Esq. replied 10 months ago.
You can go through the procedure identified in the publication I provided above to see if you can get the judge removed from the matter (the ruling should not issue if the case is stayed pending appeal on that specific issue).

Unfortunately, some courts do suffer from this type of club behavior, and there is no justification for it. I do not really have anything productive to say about the matter, the issues can only be dealt with by petitioning the Supreme Court for matters of removal and the appellate courts for matters of reviewing decisions.

I really do wish you the best in this, and hope that you are able to get a resolution, this is a truly unfortunate situation.
William B. Esq., Attorney
Category: Legal
Satisfied Customers: 3011
Experience: Civil litigation attorney for individuals and businesses.
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