If the Judge in a case clearly shows bias against a Pro-Se litigant, can she be held accountable?

Asked about 4 years ago - Duxbury, MA

I had a CHINS on my son, who was using mariuana and being very disobedient. He moved into ex husbands home, who alowed and encouraged relationship with drug users. He dropped CHINS, My son asked me to get him mental health therapy and my husband refused, judge refused to change custody, I finally hired an atorney who then refused to help me get the Judge to change her mind...stating.."I dont wantt to get on her bad side". The whole process was horrid, I was distraught with worry since I had been denied access to his records, then the day of settlement my son calls me for help and I find out he is a reall mess and now he is in Hospital for psych therapy. All; this happened because the Judge order he move out of state with my unstable husband (who hs serious mental health issues)t

Attorney answers (2)

  1. Alan James Brinkmeier

    Contributor Level 20

    Answered . The Judge Cannot Help You

    Remember, if you are going to represent yourself the same standard as a professional attorney is applied to you. The Judge cannot give you assistance and maintain the required courtroom decorum of being fair and impartial to both sides.

    All Rules Apply Equally To You

    As pro se, you'll be held accountable for having the same information about the rules of court, rules of law, and rules of evidence as an attorney who has years of experience handling cases. The judge would be right not to give you any breaks. If you file a brief or motion to dismiss incorrectly without following either or both of the procedural or substantive rules it can and most likely will get thrown out of court. Pro se is Latin that means "for himself" and is used to describe a person in a a court matter without attorney.

  2. Michael John Gauthier

    Pro

    Contributor Level 10

    Answered . The answer above is absolutely correct. However, if there is serious misconduct by a Judge, there are options such as your state's Judicial Inquiry Board or disciplinary commission . However, since you did not discuss any flagrant judicial abuse or misconduct, it does not appear that the Judge in your case acted in a way to warrant such extreme measures. It seems far more likely that the Judge simply issued a ruling you didn't like.

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