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NY Civil Litigation -- I'm Pro Se Litigant, Judge Held me in Contempt -- What are my options?
I am a pro se litigant. The judge has held me in contempt of court for allegedly not complying with court ordered actions, and ordered me to pay various fines. I think that he has ignored, disregarded and failed to apply pertinent applicable law to my case, and that he is biased in favor of the party opposing me. In the judge's decision, hre seems to have SUPPRESSED and disregarded the arguments in my favor, and only cited support for my opponents, quoting and citing only their arguments.
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What has happened since you wrote this? What did you decide to do? I'm curious to know also. Judge can rule "contempt of 'court'" but there should be a charge of "contempt of pro se litigant" in place. I wonder if there is such a thing. Please write me. chachaangelina@yahoo.com Attorney answers (2)
I read somewhere that courtrooms are the nearest thing we have today to feudal baronies. The courtroom is a little world ruled over by the judge. The judge can find you in contempt. You can't find the judge in contempt.
Do NOT write a criticizing letter to the judge. This will do no good, and may make your situation worse. Get a lawyer. The lawyer will be able to read the judge's decision, review the record, and clarify the points that you are having trouble understanding. If you cannot afford a lawyer, you will need to contact your state or county legal aid. You are probably not going to be able to prove that the judge is biased, unless he knew you or the other party before the trial began. He probably doesn't like you now, but that is probably due to things you did during the trial, and this does not count as bias. Karl E. V. Paananen 5 people marked this answer as good
Gretchen E Birkheimer, licensed in California
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I STRONGLY urge you not to send a letter to the judge, file a grievance against him, or do anything that will alienate the judg. It will most likely backfire on you. Judges are human; they don't like criticism. If you move against the judge it almost certainly will fail, and you'll be dealing with an unfriendly judge (although he'll never show it).
Your chances of winning a motion to change venue are basically zero. A change of venue is granted only when the defendant is famous or notorious, and can prove that he cannot get a fair trial due to publicity regarding the case that is so prejudicial that the court rules that the defendant's civil rights will be negatively affected because an unbiased jury will not be available. Unless you are a famous (or infamous) person and can prove that it will be highly unlikely to select an unbiased jury, you won't get a change of venue. As for clarification of the judge's decision, I think you'd best consult an attorney. A judge usually won't clarify a decision unless directed to do so by an appellate court. Court clerks are forbidden to give legal advice. 1 person marked this answer as good
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blueview2mysoul
Answered by a user, almost 3 years ago.
you have the right to file a motion asking for a change of venue and you will have to be able to show cause. You also have the right to write a letter to the judge asking him to recuse himself and again show enough cause. You also have the right to write to your judicial evaluation commitee explaining the circumstances and they will reveiw the judges actions and handle it accordingly if they see fault or error. You also have the right to appeal.
All can be done on your own as long as you are continuosly respectful and know how to file such things. I have done all of the above as a pro se litigant and can give you any advice or help I can. 13 people marked this answer as good
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