How to Remove a Judge
Justice works. It's blind and impartial. But if you've found this article you know there are exceptions. This article describes what your options are when you know the judge isn't blind.
It's hard enough to accept that a judge's decisions aren't just well-intended mistakes. But if your future hangs in the balance, which it often does, you need to know that there's a way to play the ultimate trump card and have the judge removed. Am I qualified to advise you in this process? I'm not an attorney and you don't need to be either. But I have successfully removed a superior court judge and so can you. It requires writing a letter, but you'll need to do a little research before you know what to write.
Every state has a set of rules that apply to court legal proceedings. You'll need to get a copy of the rules for your state. In the state I was involved in, the book is called Indiana Rules of Court. Call your court clerk and ask what the rules are called in your state and buy a copy. It may be on-line, but having a copy for off-line use will be easier. Most of them are rules of trial procedure and describe the way a summons is served, how depositions are taken, and how evidence is presented. Those will be useful later for adding details and citations to your letter.
But first, you should read the section on judicial oversight. In Indiana this consists of twenty pages and is called the Code of Judicial Conduct. After reading that, you should have an understanding of what rules the judge is bound to, what you'll have to prove, and what address to write to. If you end up deciding to write, you'll be writing to a special group of judges that are a subset of the state's Supreme Court. So take your time and do your best because you'll only have one shot at it.
In my case, I cited several instances where the other attorney violated the rules but the judge ignored it, how the judge treated a motion for change of judge as a motion for change of venue, the judge's bias as shown in court transcripts, and several other clear violations of judicial conduct. In each instance, I cited the rule (e.g. Canon 3E.1) and referenced a document in an exhibit attached to the letter. Some of these exhibits were letters the court sends out after each motion stating the judge's decision. In others, they were transcripts. After reading the judicial oversight section, go ahead and read the trial procedure section of the book. Have a pad and pen handy, as you'll likely get ideas you'll be using in your letter.
You should be warned that your thoughts about the judge acting illegally need to be kept confidential. You are indemnified of anything you say in your letter, unless it's shared with a third-party. So unless you totally trust your attorney you should keep your opinions to yourself. The reason I can talk about it here is that I'm sharing no names and nothing specific in the letter.
Two weeks after FedExing my letter, I got an acknowledgement from the Indiana Committee for Judicial Qualifications. About a month later my attorney called and said the judge had called both attorneys into chambers and removed himself. In Indiana, once a judge has violated the rules, they have two options: one is to remove himself. The other is to be publicly censured and removed against their will. Mine took the easy route.
The sad part is that his actions could continue to take a toll on other cases and innocent people. Unfortunately, that's the way the system works. But he likely won't forget the day someone took the time to use the powers available to anyone and hold up the judge's actions up for higher review. It took time for me to be convinced that a judge could be crooked. Fortunately, when I get mad I grab a pen. And removing him gave me my life back.
When I started my research, I found nothing on-line about this. Hopefully this will help you decide how to proceed. Good luck.
It's hard enough to accept that a judge's decisions aren't just well-intended mistakes. But if your future hangs in the balance, which it often does, you need to know that there's a way to play the ultimate trump card and have the judge removed. Am I qualified to advise you in this process? I'm not an attorney and you don't need to be either. But I have successfully removed a superior court judge and so can you. It requires writing a letter, but you'll need to do a little research before you know what to write.
Every state has a set of rules that apply to court legal proceedings. You'll need to get a copy of the rules for your state. In the state I was involved in, the book is called Indiana Rules of Court. Call your court clerk and ask what the rules are called in your state and buy a copy. It may be on-line, but having a copy for off-line use will be easier. Most of them are rules of trial procedure and describe the way a summons is served, how depositions are taken, and how evidence is presented. Those will be useful later for adding details and citations to your letter.
But first, you should read the section on judicial oversight. In Indiana this consists of twenty pages and is called the Code of Judicial Conduct. After reading that, you should have an understanding of what rules the judge is bound to, what you'll have to prove, and what address to write to. If you end up deciding to write, you'll be writing to a special group of judges that are a subset of the state's Supreme Court. So take your time and do your best because you'll only have one shot at it.
In my case, I cited several instances where the other attorney violated the rules but the judge ignored it, how the judge treated a motion for change of judge as a motion for change of venue, the judge's bias as shown in court transcripts, and several other clear violations of judicial conduct. In each instance, I cited the rule (e.g. Canon 3E.1) and referenced a document in an exhibit attached to the letter. Some of these exhibits were letters the court sends out after each motion stating the judge's decision. In others, they were transcripts. After reading the judicial oversight section, go ahead and read the trial procedure section of the book. Have a pad and pen handy, as you'll likely get ideas you'll be using in your letter.
You should be warned that your thoughts about the judge acting illegally need to be kept confidential. You are indemnified of anything you say in your letter, unless it's shared with a third-party. So unless you totally trust your attorney you should keep your opinions to yourself. The reason I can talk about it here is that I'm sharing no names and nothing specific in the letter.
Two weeks after FedExing my letter, I got an acknowledgement from the Indiana Committee for Judicial Qualifications. About a month later my attorney called and said the judge had called both attorneys into chambers and removed himself. In Indiana, once a judge has violated the rules, they have two options: one is to remove himself. The other is to be publicly censured and removed against their will. Mine took the easy route.
The sad part is that his actions could continue to take a toll on other cases and innocent people. Unfortunately, that's the way the system works. But he likely won't forget the day someone took the time to use the powers available to anyone and hold up the judge's actions up for higher review. It took time for me to be convinced that a judge could be crooked. Fortunately, when I get mad I grab a pen. And removing him gave me my life back.
When I started my research, I found nothing on-line about this. Hopefully this will help you decide how to proceed. Good luck.
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