How do I go about changing venue from one county to another & from small claims to federal because of racism?

Question

I am trying to move my cases from a small claims court proceeding to that of a federal court, and I'm trying to change the venue from one county to another due to blatant and overt racism in the present county where the cases were heard. These are the worst type of slobs I've seen in my life and they are not handling my cases properly.

I wish to appeal the decision made by a very incompetent, racist judge, and also get them removed from the present county they are in.

Please only decent, upright, and non-smart aleck answers. Don't say get an attorney because I've tried. I'm doing this on my own.

Thank you.

garrison and Vwgirl, didn't I say don't say get an attorney? Maybe you should read my question in full instead of in part. I am helping a friend and she's tried diligently to get an attorney! They don't want to help and didn't want to from the beginning. She is trying to relocate from the bigoted non-diverse state in which she resides, but she is trying to have her cases heard fairly.

Your answers were not needed as they are exactly what I specified up front that were not welcome. No thumbs up for you two.

Answer 1

If it's small claims -- then it's being heard by a judge, not a jury -- which means you would need to prove that that particular judge was racially biased -- not an easy burden.

And even then, you'd probably only be able to remove it to the general trial court for the state -- there are very strict jurisdictional limits on what can get into federal court -- and unless the merits of the case involves a federal law or the defendant is from another state -- you don't qualify.

As far as venue -- small claims courts don't usually allow you to change venue -- because it's rarely relevant, given that the judge is the only one hearing the case -- but if you got it removed to the general state trial court, and get a jury trial, and proved racism on the jury that was empanelled -- all difficult and complicated to prove -- then you might be able to petition the court to approve a change of venue.

If you think the judge is incompetent and racist -- and you are the defendant -- then you can always appeal to the general trial court after the decision (judgment) is reached (if you lose). If you are the plaintiff -- it's a much more difficult burden, since you chose the forum in the first place -- and you would need to prove the judge was biased against you personally -- and then ask the judge to recuse themself -- before you could even attempt to remove it to the state trial court.

But the general advice of "get an attorney" is still the best answer -- what you are talking about are complex procedural issues -- and if you do any of the procedures wrong, you lose -- before your case is ever heard on the merits.

Answer 2

(1) Federal Courts are courts of limited jurisdiction. That means that they can only hear cases (a) based on a violation of federal law, or (b) based upon a state claim where each party is a citizen of a different state and the amount in controversy is more than $75,000. If your claims do not fit into either of these categories, then you may not have a reason to bring/transfer the case to federal court.
(2) If the case is over already, you probably can't transfer the case. You may be able to appeal the case to a higher court, if your state allows it and the time to appeal has not expired. In some states, you can appeal a small claims matter to the state's general trial court level for a "de novo" (start over) review. The small claims clerk can tell you how to do that. And note that the time to appeal is often VERY short--sometimes a month or two. So if a "judgment" has been entered in the case, it's important that the appeal process be undertaken quickly.
(3) The reason people are saying to get an attorney is because ethical rules say that an attorney cannot give legal advice to people who are not their clients. They can, however, suggest that you seek legal assistance from an attorney licensed in your jurisdiction. That is my advice as well. The reason is because we can't give any advice, since we don't know any of the facts of your case, the case's procedural posture, what state you're in, why you think the judge was racist, what the nature of the dispute is, etc. That's why it's important to seek appropriate, licensed legal counsel.
(4) If you really believe that the judge ruled based upon the parties' race (and have some sort of proof to back it up), there is usually a judicial standards board in each state that you can report the judge to. Call the clerk of your state supreme court and ask for the board of judicial standards, or whatever the judicial regulatory authority is called. They will have a process to review your claim.

Answer 3

My sister is going through something similar out in a backwards bigoted town and county. It's unbelieveable the display openly of racism where she lives. I am waiting to see if you get some more helpful answers like trooper's or the stupid ones that tell you to "get an attorney" when you've already said you've tried and cannot. Why don't people open their eyes and read??!!!

You said you aren't able to find an attorney and this is the same predicament my sister is in. She lives in a state where the education level is low also, and folks just don't care much about one another.

Like the Bible says: Critical times in these last day, hard to deal with; loss of love and natural affection for your neighbor or fellow man/woman. It's so true nowadays. Hopefully you'll get some helpful answers instead of the dumb ones telling you to get an attorney when you've made it clear that you've tried and can't.

Blah..

Answer 4

ok you cant do both. you either keep it in the county courts or you go federal. if you go the fed route- do a notice of removal to the other court, but first type your fed complaint in proper format. fed court is funny- they have local rules that are a painin the hind end. file it then take the notice of removal and the file stamped copy of the fed complaint to the local court. in fed court you want to ask or an article III judge and cite constitutional violations as much as you can along with your laws broken. i guess it depends on what your case is about.......you didnt specify.
if you want to keep the case in county system and transfer do a 60b for void judgment make sure it cites constitutional violations and bias by the [e-mail]

Answer 5

If you are a white person claiming racism from any other race you won't win, people seem to think it doesn't exist. If you are a black person claiming racism you will most certainly win as we all know there will be rioting in the streets if you don't even if it is unfounded. You can file a motion with a judge to have the venue changed, or to have them removed from the case. Try looking online for what motions you have to file. Perhaps you acn get a lawyer to do it pro-bono?

Answer 6

You need to hire a lawyer... and you can expect to pay his fees UP FRONT.

You are so hopelessly complicating this minor case that no competent lawyer will even touch your case... so you really have 2 choices... stay mad or get over it... but you are NOT going to find a remedy in ANY court.