Last year i wrote a NSF check. On a wrong account Thnking i had money to cover that the amount was 25.00. A year later i get a thing in the mail summing me to court. I showed up to court the judge was a female very rude, inconiderate, unpolite. Not just saying that she had a tone in her voice that was unprofesional. As well as raised her voice to me. I was trying to be polite to her i pleaded quilty cuz i did do it and yes was a mistake on my part. When she asked me how i plead i said guilty, then she asked me a did i have funds to cover this and i was once again trying to tell her and she rudly interupted me and told me im sending this to trail and not accpting my plead. I dont want that women to be my judge again. HOw do i file a complaint against her. I dont know if race had a factor, it did happen in all white community. But i found her behavior unethical for someone of her status. I just want to plead guilty and move on with my life. how can i remove her from my case.
2007-07-23 04:13:33 · 4 answers · asked by Michael A 2 in Politics & Government ➔ Law & Ethics
any questions feel free to email me..
2007-07-23 04:13:57 · update #1
I agree that she was probably trying to do you a favor. Judges can come across as harsh when they think you are pleading guilty out of ignorance of the law. Find an attorney who will let you have a free or low cost consultation. Get a little advice!
2007-07-23 07:19:57 · answer #1 · answered by starrrrgazer 5 · 0⤊ 1⤋
A judge can remove (recuse) herself upon her own initiative, or upon a motion made by a party (you). Of course, making the motion puts you in the cross hairs. Beyond that, a superior judge can take her off the case, but may not, once again risking making her upset.
Filing an ethics complaint creates an automatic conflict of interest which will require her recusal.
My best advice is to make it through the trial and see if yo like the result. If not, you can try then to appeal on the basis of bias, unprofessional conduct, etc.
2007-07-23 17:32:55 · answer #2 · answered by BR 6 · 0⤊ 0⤋
She actually made you a HUGE favor. Pleading guilty means that you are agreeing that you intentionally wrote that check already knowing that the funds were insufficient! She could have sentenced you right away after hearing that "guilty" thing. Instead, she felt sorry for you and did not accepted your plea. Next time, DO NOT plead guilty!! Insist that it was an accident instead, and you will be safe!
2007-07-23 11:57:43 · answer #3 · answered by OC 7 · 1⤊ 1⤋
You can file a complaint with the state bar ethics committee, or in some states the judicial ethics committee run by the state supreme court.
She refused to accept your plea of guilty? That's irrational on her party. But you can always work out deal with the prosecutor, who would be more than happy to avoid the cost of a trial.
2007-07-23 11:18:36 · answer #4 · answered by coragryph 7 · 1⤊ 2⤋