BAD JUDGES
And What to Do About Them

Bad Judges exist. We all know they do. But very few practicing lawyers are willing or able to expose Bad Judges publicly, for they are at great risk when they must later appear again before the exposed Bad Judge.

Exposure of rotten judicial apples offends and embarrasses the entire judiciary. When a lawyer, in diligent pursuit of his client's interests, dares stand up to Bad Judges, the "system" locks arms, and seeks to punish or suppress the iconoclastic lawyer. Yet someone must stand up to challenge this cancer within the Judiciary.

Attorney Bob Hirschfeld has done so repeatedly. The "system" has treated him brutally in retribution. He rises again today to challenge, and hopefully improve, the system. On July 7, 1995, Hirschfeld publicly burned his bar card on the steps of the Arizona Supreme Court building. On February 9, 1996, he declared his independence from the State Bar. On 11/23/98, he timely Petitioned for Certiorari of the vicious, politically motivated disbarment to the United States Supreme Court.

But Hirschfeld still believes that the Bad Judges form only a minority, and need to be weeded out. It is to the great majority of fair, competent judges that the following is dedicated.

What To Do About A Bad Judge

• Courtroom Monitoring
• Case Research
• Investigation
• Ask local practitioners
• Ask national court reform advocacy groups such as NCFC
• New Judges with no track record - listen to other cases in their courtrooms before losing your right to disqualify

• Early identification of a Bad Judge may be the single most important factor in your litigation
• If it is too late to help in your own case, exposure helps prevent similar judicial abuse of subsequent litigants

  Before the trial:

  • PEREMPTORY DISQUALIFICATION Case: Moore v. Alaska
  • DISQUALIFICATION FOR CAUSE
    • Example: Motion for Recusal
    • Suggest Voluntary Recusal
      • (Okla. City Judge biased by blast damage)
    • Asserting Ethical Duty Example: 5th Cir. Rules of Prof. Conduct
  • REMOVAL TO ANOTHER JURISDICTION
  • MOTIONS TO DISMISS BEFORE MERITS ARE HEARD
  • DELAY IF JUDGE IS ABOUT TO BE ROTATED OFF OF CASE

  If impossible to change judge before trial:

  • MAKING RECORD FOR APPEAL
    • FRCP Rule 52 (or equivalent) Findings of Fact & Conclusions of Law - if not mandated by local rules, file motion before trial requesting written Findings/Conclusion.
    • Request for Court Reporter - in writing more than day before trial
  • PRESERVING OBJECTIONS
    • Learn Rules of Evidence - Object on the record at trial
  • DE-RAILER MOTIONS
    • Mistrial
    • New Trial
  • PUBLICITY, EXTERNAL PRESSURE
  • RE-FOCUS JUDGE'S BIAS/ANGER AGAINST OTHER SIDE

  After a bad ruling

  • APPEAL Limited time to initiate appeal!!!
  • SPECIAL OR INTERLOCUTORY APPELLATE ACTION
  • Free Notice of Appeal Form
  • ANOTHER FORUM

  Service to society by getting bad judge off the bench

  • PUBLICITY, PICKETING
    • A collection of judicial horror stories
  • FORMAL COMPLAINTS (Example: Alaska Judicial Commission)
  • IMPEACHMENT, RECALL
  • LEGISLATIVE ACTION TO LIMIT JUDICIAL POWER AND DISCRETION
  • ASSISTANCE TO NEW LITIGANTS IN USE OF PEREMPTORY DISQUALIFICATION
  • SUING A JUDGE PERSONALLY FOR MONEY DAMAGES
    • Overcoming Judicial Immunity
    • Federal 42 USC 1983 Civil Rights Lawsuits against non-immune judges
    • Choosing a forum

  Related References

  • How to Protect Your Rights Without a Lawyer
  • Hirschfeld's PARENTING TIME Access/Visitation Enforcement Software
  • Free Form: NOTICE OFAPPEAL
  • Bob Hirschfeld's Educational Videotapes on how the courts work and how to do your own appeal
  • Federal 42 USC 1983 Civil Rights Lawsuits
  • Excellent Legal Research Resources from National Congress for Fathers and Children
  • The National Congress for Fathers and Children

  This non-commercial home page is under construction by
  Robert A. Hirschfeld, J.D., a lawyer who is no longer in active law practice in Arizona. Initially, it is an outline, but as sub-texts are added, there will be links to those sub-texts for the various headings. Click here to access the commercial site with which Hirschfeld is associated, where he is involved in education of persons who represent themselves in court.He may be reached by voice at (602) 265 4692, and by e-mail at nolawyer@primenet.com.

Copyright Family Guardian Fellowship