Legal Question in Appeals and Writs in California
dismiss appeal court judge
I am presently self-represented in a matter in the Court of Appeal. I'm scrambling to find counsel, because nine years of litigation and my husband's death have taken their toll financially. Added to this dilemma, my most immediate problem is the defense has filed a motion challenging my self-representation and I've responded by filing for an extension of time to find counsel. Complicating my situation is the fact I need to ensure that a particular appeal court judge not be involved in this or any decision. The issue in question is a matter of ethics and when the judge participated in a decision that removed some defendants from our case in 2005, my attorney at the time was afraid to be involved in exposing the facts. It's very likely this judge will be on the three judge panel. What is the best course of action? Should I file a motion citing the reason this person should not participate or try to handle it privately and contact the judge directly?
2 Answers from Attorneys
Re: dismiss appeal court judge
Under no circumstance whatsoever should you attempt to handle the potential conflict of interest "privately". Any attempt to privately contact the judge could alone be grounds to bar your effort to represent yourself.
In my experience, it would be very unusual for a Court of Appeal judge to knowingly sit on a panel on a case in which he or she ruled as a trial court judge. If that does transpire, however, you could file a motion. There is no rule of court or statutory procedure for disqualifying an appellate court justice except by way of a Petition for Review at the Supreme Court - something you cannot file until the Court of Appeal issues its decision on your case.
I am a certified appellate law specialist with offices in Santa Barbara and Los Angeles. More information about myself and my practice can be found at my website: www.foxappeals.com.
I handle appeals throughout California - including Monterey - and I would interested in learning about your case. If I determine that your appeal has merit, I would then discuss with you possible fee arrangements.
If you are interested, please respond with the name and case number of the appeal, and a brief description of the nature of the underlying case.
Re: dismiss appeal court judge
It is absolutely forbidden to contact the justice. But I have never heard of a motion to bar a person from self representation, unless you have been deemed a vexatious litigant. If so, you absolutely need a lawyer to represent your interests. This is the primary issue to deal with; your claim about the justice is only a potential and can be dealt with later.
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