distrubing news

[gollymolly]

I just spoke with the judge's judicial assistant and she cannot even remember if a court reporter was present at the hearing, but that i need to go thru my attorney to obtain the transcript.

1. am i SOL if a court reporter wasn't present at the hearing? meaning do i need the transcript to have him removed from the case?

[socrateaser]

>I just spoke with the judge's judicial assistant and she
>cannot even remember if a court reporter was present at the
>hearing, but that i need to go thru my attorney to obtain the
>transcript.
>
>1. am i SOL if a court reporter wasn't present at the hearing?
>meaning do i need the transcript to have him removed from the
>case?

wasn't present at the hearing? sounds like more horseshit. you're pretty much sol, because the judge would know that there's no record of the hearing to use to nail him and if your attorney won't back you up, and it's obvious he won't, then unless you can track down some disinterested witness in the audience, you'd have no way to challenge the judge for bias.

[gollymolly]

i have called 15+ attorneys today.... same story.

basically, no one wants to take my case. this is so very frustrating.

any ideas?

[socrateaser]

>i have called 15+ attorneys today.... same story.
>
>basically, no one wants to take my case. this is so very
>frustrating.
>
>any ideas?

All I can suggest is that you tell the attorney if he isn't willing to give you the representation that you deserve, that you will put his entire bill in dispute and file a complaint with the state bar. That will mean that your attorney will push back and probably try to walk away from the case, and the judge will almost certainly let him walk. Then you'll have to hire someone else, only there is no one else. Which sets you up to lose.

Very disturbing situation. Call the newspaper and discuss it with a reporter. But, not until your attorney tries to withdraw from the case.

[jilly]

Maybe they have a tape recorder set up in the courtroom.  So, even if there was no court reporter there would still be a record of what was said.

[gollymolly]

i have a meeting today with my attorney to discuss the situation further. hopefully, i will get a better explanation.

i am going to attempt to persuade him to do what needs to be done. looking for a third attorney is not good for my case.

1. am i correct in saying that if this judge refuses to recuse himself, that this situation has also handicapped my hand at mediation?  doesn't this give oc an edge?

2. and make the judge more upset with us for trying to remove him?

[gollymolly]

well, jilly, unfortunately this hearing was in chambers.... only the judge, oc and my attorney. and i do not believe it was recorded, but i will inquire during the meeting with my attorney today.

[jilly]

Ugh...I'm not going to hold my breath on a judge having a tape recorder in his office.  :(

[socrateaser]

>1. am i correct in saying that if this judge refuses to recuse
>himself, that this situation has also handicapped my hand at
>mediation?  doesn't this give oc an edge?

Yes, because oc knows if he stonewalls, he will win in court.

>
>2. and make the judge more upset with us for trying to remove
>him?

The judge won't get upset. He'll just rule against you.

[socrateaser]

>well, jilly, unfortunately this hearing was in chambers....
>only the judge, oc and my attorney. and i do not believe it
>was recorded, but i will inquire during the meeting with my
>attorney today.

Um, you should have mentioned that the statements by the judge were made in chambers. There's nothing at all unusual about a judge giving a candid opinion about the likely outcome of the case in chambers. And, although it is certainly evidence of bias, should you choose to testify to it, there isn't an attorney on Earth who would want to try to disqualify a judge based upon an in camera session, because the judge would never give the attorney another candid opinion during his/her lifetime.

You need to find out from your attonrey why the judge thinks you don't have a case. It shouldn't require a crystal ball -- there must be some obvious reason, and your attorney should level with you about it.