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I encountered a neurotic judge in an unlawful detainer case and would
like to write a courteous letter stating how I felt his decision was
wrong. After he required 3 court appearances over an eviction
proceeding I do not want to waste more time in his courtroom if he is
able to drag me in.
Is there any potential recourse to the writer of a courteous letter.
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On Tue, 15 Jun 2004 09:56:15 -0400, aristotle65@hotmail.com
(aristotle) wrote:
I encountered a neurotic judge in an unlawful detainer case and would
like to write a courteous letter stating how I felt his decision was
wrong. After he required 3 court appearances over an eviction
proceeding I do not want to waste more time in his courtroom if he is
able to drag me in.
Is there any potential recourse to the writer of a courteous letter.
Forget about the potential adverse consequences for a moment. What
possible benefit is there to anyone in writing such a letter?
If in your three appearances before the judge, he did not listen to
your arguments, what makes you think he is going to learn anything
from your letter?
Although you describe the letter as "courteous," it sounds to me like
you want to have the "last word" in criticizing the judge and his
decisions. And if all you're trying to do is massage your ego, it's
not worth it.
If you have a complaint about the judge, file it with the appropriate
authorities. Otherwise, let it go and get on with your life.
*Dan Evans
*Author of the Tax Protester FAQ
*http://evans-legal.com/dan/tpfaq.html
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aristotle wrote:
[wants to write a critical letter to judge who presided over his case]
Is there any potential recourse to the writer of a courteous letter.
Yes because in all likelihood your idea of courtesy and the judges' are
different. You may write a letter you think is full of useful and
constructive criticism while the judge may interpret that as a dire threat
and order you arrested. Obviously given your desire to write the letter and
your characterization of the judge as a neurotic, you and he don't see eye
to eye.
Look, you aren't going to gain by writing that letter. If you send it, you
may end up regretting it bitterly so just let it go.
-paul
ianal
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On Tue, 15 Jun 2004, aristotle65@hotmail.com (aristotle) wrote:
I encountered a neurotic judge in an unlawful
detainer case and would like to write a courteous
letter stating how I felt his decision was wrong.
After he required 3 court appearances over an
eviction proceeding I do not want to waste more
time in his courtroom if he is able to drag me in.
Is there any potential recourse to the writer of
a courteous letter.
Experienced and sensible judges almost always merely (as they
generally should) peremptorily disregard (including by perhaps not
even bothering to read) letters from a disgruntled litigants
protesting (or, if you prefer, purporting to "explain" and to
demonstrate) that a decision the judge made in a now concluded
litigation was "wrong" (regardless whether they are otherwise
"neurotic").
Of course, it is also at least conjecturally possible that a (perhaps
especially: if actually "neurotic") judge might (mis?)construe even
what the unhappy former party considers to be a "courteous letter" as
a threat or otherwise improper communication; and, perhaps, there may
be one, somewhere, who is perverse and stupid enough to make an issue
of such a (even if: "courteous") post-litigation letter (_if_ s/he
reads it).
It is very well-established for numerous very good reasons that the
remedies for rulings that are "wrong" is to insure that a proper
record has been made and in timely fashion either to seek
reconsideration, if in making the decision the judge very clearly
misconstrued or misapprehended (or provably deliberately misstated)
the operative material facts in the record or clearly misconstrued and
misapplied authoritative and controlling law, or to appeal (re. which
the second of these options is the preferred one, _if_ the
non-prevailing/aggrieved litigant is actually credible and also
serious).
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I encountered a neurotic judge in an unlawful detainer case and would
like to write a courteous letter stating how I felt his decision was
wrong. After he required 3 court appearances over an eviction
proceeding I do not want to waste more time in his courtroom if he is
able to drag me in.
Is there any potential recourse to the writer of a courteous letter.
Before doing this, you should clarify to yourself what you hope to
accomplish.
If you want him to change his mind, then write your letter as a motion
for rehearing or reconsideration and file it with the court in
accordance with the court rules or rules of civil procedure (whatever
they may be called in your jurisdiction).
If, on the other hand, you simply want to vent and make yourself feel
better, then write the letter but don't send it. Throw it away or
burn it.
If the case is over in the trial court, then sending the letter won't
do you any good. But it certainly could offend the judge, who you
might end up in front of again.
If the judge doesn't agree that your letter is courteous, and if he
actually finds your letter "discourteous" enough, he could hold you in
contempt of court -- which potentially carries a fine and/or jail
time.
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I encountered a neurotic judge ... and would
like to write a courteous letter stating how I felt his decision was
wrong.
.....
Is there any potential recourse to the writer of a courteous letter.
If he is as irrational ("neurotic") as you suggest, writing to him
will probably not serve any useful purpose. If you think that
something needs to be done about this person, I suggest that you
submit a careful and detailed complaint to those charged with hearing
such complaints. In the State of New York, it would be the NYS
Commission on Judicial Conduct, which "Investigates complaints of
misconduct against judges...and, where appropriate, may ... admonish,
censure, or remove from office judges found to have engaged in
misconduct." I would think that other jurisdictions have similar
bodies.
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I encountered a neurotic judge in an unlawful detainer case and would
like to write a courteous letter stating how I felt his decision was
wrong. After he required 3 court appearances over an eviction
proceeding I do not want to waste more time in his courtroom if he is
able to drag me in.
Is there any potential recourse to the writer of a courteous letter.
From what I've seen, no. Some judges will reply to your letter, some
won't, but in any case, the decision they made will stand.
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"aristotle" <aristotle65@hotmail.com> wrote in misc.legal.moderated:
I encountered a neurotic judge in an unlawful detainer case and would
like to write a courteous letter stating how I felt his decision was
wrong. After he required 3 court appearances over an eviction
proceeding I do not want to waste more time in his courtroom if he is
able to drag me in.
Is there any potential recourse to the writer of a courteous letter.
By all means write the letter. Just don't mail it.
Leaving out the question of whether the judge can find you in
contempt (and I think the answer is No), you never know when you
might have to appear again in his courtroom. Do you want him to
remember you for your letter?
--
If you e-mail me from a fake address, your fingers will drop off.
I am not a lawyer; this is not legal advice. When you read anything
legal on the net, always verify it on your own, in light of your
particular circumstances. You may also need to consult a lawyer.
Stan Brown, Oak Road Systems, Cortland County, New York, USA
http://OakRoadSystems.com
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James Alexander wrote:
If the judge doesn't agree that your letter is courteous, and if he
actually finds your letter "discourteous" enough, he could hold you in
contempt of court -- which potentially carries a fine and/or jail
time.
Now, THERE, I disagree. If the case is over, he couldn't HOLD
you in contempt of court. He could file criminal contempt
charges -- I THINK they would be thrown out, as "you" were
no longer before the Court, but I'm not a lawyer.
--
This account is subject to a persistent MS Blaster and SWEN attack.
I think I've got the problem resolved, but, if you E-mail me
and it bounces, a second try might work.
However, please reply in newsgroup.
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