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Question

What is the proceedure for suing Judges in the state of Georgia? I realize they have judicial immunity. However, the judge acted outside his jurisdiction.

Submitted: 17 days and 9 hours ago.
Category: Legal
Value: $38
Status: CLOSED
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Accepted Answer

Thank you for your question.

What follows may not be what you want to read. However, please do not shoot the messenger. While I can control the quality of an answer, my control over the the content of an answer is restrained by the truth.

Failure to properly dismiss a matter for improper venue may be grounds for an appeal. Failure to dismiss a matter for improper venue would not be sufficient to bypass the judge's immunity. If you are insistent upon trying to sue the judge personally, you'd pretty much need to show that the judge was not acting in a judicial capacity. If you choose to attempt such a suit, you'll want to retain an attorney to handle the matter for you as such a suit would not be easy to win.

However, if you wish to take some sort action against a judge personally, it is possible to report his misconduct to the Judicial Qualifications Commission of Georgia and/or the State Bar of Georgia. Those organizations will review the conduct and consider disciplining the judge if it finds the conduct was inappropriate.

You can contact those organizations using the following links
Judicial Qualifications Commission of Georgia
http://www.gajqc.com/
State Bar of Georgia
http://www.gabar.org/

I know this isn't what you were hoping to read. However, I hope the alternatives are helpful.

Please remember to click accept so that I will receive credit for my time and effort spent responding to your question. Bonuses are always greatly appreciated.

If you need additional clarification of this response, please ask a follow-up question and I will be happy to clarify.

Good luck,
T

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Expert: T-USA
Pos. Feedback: 98.8 %
Accepts: 
Answered: 11/5/2009

Attorney

Licensed FL Attorney

17 days and 9 hours ago.

Reply

This is not really the info I was seeking. I wanted to know where to start "Pro Se".

I would really like to have an attorney represent me. However, I doubt that I will

find one who will.

 

If you have this info, please send it.

 

I will pay you (because I promised), even though the info wasn't specific enough.

Thanks

Posted by T-USA 17 days and 8 hours ago.

Answer

Thank you for your question.

You initially asked:
"What is the proceedure for suing Judges in the state of Georgia?"
That is why you received the previous response. However, I will be more than happy to answer your new question as well. Your new question was:
"...where to start 'Pro Se?'"

Please note, until you click Accept, you have not paid for the answer. You have merely placed a deposit. Please click accept once your question is answered so that I receive credit for answering both of your questions. Bonuses are always greatly appreciated as well.

To answer your second question:
"...where to start 'Pro Se?'"

To a file a lawsuit, you must first decide what damages you will be seeking. If the damages are slight (up to $15,000), you could file in small claims court. If you do this, the Clerk of Court's Office may have forms for you to use.

If you are seeking a larger sum, you will have to draft your own complaint and you will find that the rules are more complicated throughout the lawsuit. Regardless, you'll have to file the complaint with the Clerk of Court's Office, pay a fee, and have the defendant served a copy of the complaint.

Representing yourself is difficult, particularly since you're talking about a lawsuit against a trained professional. You will have to navigate the Georgia Rules of Civil Procedure by yourself in such a situation, unless you retain an attorney. Further, you'll have to find a way to state a claim for which there is a remedy at law in your complaint. At minimum, you would be prudent to consult a local attorney, explaining your matter in detail, to determine whether there is a remedy at law. If there is not one, you may wind up having your matter dismissed for failure to state a claim. You really would be prudent to dig hard and find an attorney who is interested in your case.

Regardless, a lawsuit starts at the Clerk's Office.

It's important to avoid filing a frivolous claim, as you may be sanctioned for doing so. Accordingly, you'll want to have a local attorney review your matter to help ensure your suit has merit. As previously explained, it's generally not possible to sue a judge personally for his judicial failures.

The following sites offer self-help information for pro se litigants.
http://www.georgiacourts.org/aoc/selfhelp/civil_cases.html
http://www.albany.ga.us/content/1800/2889/3011/3528/default.aspx
http://www.constitution.org/pro-se/pro-se.htm

Please remember to click accept so that I will receive credit for my time and effort spent responding to your question. Bonuses are always greatly appreciated.

If you need additional clarification of this response, please ask a follow-up question and I will be happy to clarify.

Good luck,
T

_____________________________________

Please click the green
Accept Button for each and every answer and leave Positive Feedback so that I receive credit for answering your question. Bonuses are always greatly appreciated. I do not receive any payment at all from JustAnswer unless you click accept.

Please remember: Feedback is left for me as an answerer. Please do not shoot the messenger. My control over the content of the answer is limited by the restraint of truth.


_____________________________________


Disclaimer
No attorney-client relationship is formed through this correspondence. The following information provided for educational purposes only and is not legal advice/services. Correspondence through JustAnswer may be visible to the public. If you need legal advice/services you should seek, in person, a local attorney as soon as possible. You can find a local attorney at http://www.lawyers.com or http://www.martindale.com.



Edited by T-USA on 11/5/2009 at 1:09 PM

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