Opinions please on a legal issue(traffic)

[georg jetson]

Great thread Motofixxer, I was an actual contributor to it.

Currently my dilemma is that the prosecutor who gave me a hard time with discovery request is now the Judge.... Therefore my query, Should I file a motion to have the judge recuse? Doesn't seem like I can expect a fair and impartial trial with the ex prosecutor now residing over the case....

I filed a 44 page brief with the EX Judge citing many of the cases in your old thread, however I never received a reply from that judge....

So my plan is

1- file a motion to have the judge recused, also file a MTD for lack of subject matter jurisdiction.

Should the judge refuse either of my motions, then I will simply use the appeals court....

I don't intend to pay these rat bastards a penny in fines and or fee's....

My .02

CCJ

CCJ,

What's your basis for lack of jurisdiction over the subject matter?

 

[georg jetson]

In my state there is a law in the Connecticut Practice Book, Sec. 36-11, pictured here...

I use this law all the time, before I enter any plea...to make them replace the ticket with an information.

99% of time, the case goes away as they don't want to spend an hour writing an information to replace the ticket.

Most states have this - replacing a ticket with either a proper complaint or information.

With the current OP's case it looks beyond this point in time...I think he already pled.

Excellent David! That's right. Each state protects a citizen's right to due process. A ticket issued by an agent of the executive branch fails as proper process. This can remedied by proper service by the clerk of court and this can be expensive. Some jurisdictions will just drop it. Some won't.

You're on a roll today dude! Correct again about the op not able to challenge proper process. That must be done first. Any other action assumes the defendant waives process.

 

[countryclubjoe]

David and Georg

Are you both stating that I surrendered my rights via due process simply by answering the summons and requesting discovery? Did I actually give the local kangaroo court jurisdiction over me, simply by responding to their summons?


Their lack of subject matter jurisdiction is simply that a Municipal court cannot have standing to rule on a Constitutional issue raised as a Defense by a Defendant....

Thank you folks for responding and your opinions.

CCJ

 

[SovereigntyOrDeath]

At one time it may have been ok to get the judge and procecutor to laugh... not so much these days. Use this crap in court and you'll be peged an idiot, and you'll lose.

One thing that worked for me was showing up and saying "I am here on that matter" when they called my "name" " I am appearing specially and not generally" I said, and I refused to plea. I said " I do not understand the "charges", and who is the injured party?" " Who here has a claim against me?" The magistrate entered a plea for me and it was dismissed later. I signed all the paperwork with ALL RIGHTS EXPLICITLY RESERVED above my signature, including the ticket.

Please explain how that worked? Thanks.

 

[georg jetson]

David and Georg

Are you both stating that I surrendered my rights via due process simply by answering the summons and requesting discovery? Did I actually give the local kangaroo court jurisdiction over me, simply by responding to their summons?


Their lack of subject matter jurisdiction is simply that a Municipal court cannot have standing to rule on a Constitutional issue raised as a Defense by a Defendant....

Thank you folks for responding and your opinions.

CCJ

Well, there are many steps required by "due process". The first part is the right to know what you're charged with and by what authority. That's covered by the first step called "service of process" which can only be issued by a court. You can raise a defense based on lack of service of process initially, but if you plead or file other motions without first challenging service, then you waive lack of service of process. That doesn't mean you waive the entire "due process", which includes discovery, pre-trial hearings etc, just the initial service of process.

On your second point, you may be correct in your state about muni courts. What court has appelant jurisdiction over the muni court? The rules may require you to file an interlocutory appeal. Those same rules of court will tell you which court to file such an appeal. Be prepared to lose your constitutional argument.

 

[georg jetson]

One thing that worked for me was showing up and saying "I am here on that matter" when they called my "name" " I am appearing specially and not generally" I said, and I refused to plea. I said " I do not understand the "charges", and who is the injured party?" " Who here has a claim against me?" The magistrate entered a plea for me and it was dismissed later. I signed all the paperwork with ALL RIGHTS EXPLICITLY RESERVED above my signature, including the ticket.

Please explain how that worked? Thanks.

Please explain how I know you're telling me the truth?

Btw-I think you're confused about "special appearance" and "general appearance". Those terms are usually defined in your state's civil/criminal code.

 

[countryclubjoe]

Well, there are many steps required by "due process". The first part is the right to know what you're charged with and by what authority. That's covered by the first step called "service of process" which can only be issued by a court. You can raise a defense based on lack of service of process initially, but if you plead or file other motions without first challenging service, then you waive lack of service of process. That doesn't mean you waive the entire "due process", which includes discovery, pre-trial hearings etc, just the initial service of process.

On your second point, you may be correct in your state about muni courts. What court has appelant jurisdiction over the muni court? The rules may require you to file an interlocutory appeal. Those same rules of court will tell you which court to file such an appeal. Be prepared to lose your constitutional argument.

Hi Georg jetson

Thank you again for your informative reply.

Georg, what are your thoughts on having the judge recused from the hearing based on the fact that at the beginning of the process the now sitting judge was the prosecutor? It would not appear that the ex prosecutor in this matter could be now a fair and impartial judge.

I am not the type of person to roll over and make their revenue scam an easy one, even if the deck is stacked against me... I would like to establish a long paper trail of motions and hold the state to its strickest proofs on all the merits and rules of court procedure....

I was thinking that by having the judge recuse and transferred to another jurisdiction or venue that my defenses had a better chance to prevail...

Thank you again for your comments and reply's.

Regards.

CCJ

 

[georg jetson]

I think you have excellent grounds for recusal. Follow proper procedure.

I respect the fact that you're not going down without a fight. I wish there were a whole lot more like us.

You should really join the yahoo group "law-discuss". There may be others in your state doing similar things.

 

[davidmcbeth]

David and Georg

Are you both stating that I surrendered my rights via due process simply by answering the summons and requesting discovery? Did I actually give the local kangaroo court jurisdiction over me, simply by responding to their summons?


Their lack of subject matter jurisdiction is simply that a Municipal court cannot have standing to rule on a Constitutional issue raised as a Defense by a Defendant....

Thank you folks for responding and your opinions.

CCJ

Not at all ... you just accepted the notice as a proper instrument to plead upon. I have played the discovery game but one should note that courts loath to rule or grant a dismissal for failure in discovery. You have to 1st) ask for "stuff" 2nd) not get it - easy right? 3rd) file motion to compel - now you get a court order to produce 4th) still get nothing - easy right? 5th) file a motion to dismiss for failure to comply with a court order - court gives them more time usually 6th) get nothing 7th) repeat 5th and 6th until the judge dismisses the case or says "too bad" and the case moves forward.

I have won cases due to discovery, even in traffic court ... but it takes several trips to the courthouse. Its was worth it for me but who wants to go to court 3-6 times...not many.


The main way to win traffic (speeding cases) is to keep out key evidence into the record - in cases that go to trial.

 

[SovereigntyOrDeath]

Please explain how I know you're telling me the truth?

Btw-I think you're confused about "special appearance" and "general appearance". Those terms are usually defined in your state's civil/criminal code.

Not sure how to get any transcripts if they keep any. I didn't see a court reporter.

I guess one could say the same to you.

I am not confused about the different appearances at all. Thanks though.

 

[countryclubjoe]

Not at all ... you just accepted the notice as a proper instrument to plead upon. I have played the discovery game but one should note that courts loath to rule or grant a dismissal for failure in discovery. You have to 1st) ask for "stuff" 2nd) not get it - easy right? 3rd) file motion to compel - now you get a court order to produce 4th) still get nothing - easy right? 5th) file a motion to dismiss for failure to comply with a court order - court gives them more time usually 6th) get nothing 7th) repeat 5th and 6th until the judge dismisses the case or says "too bad" and the case moves forward.

I have won cases due to discovery, even in traffic court ... but it takes several trips to the courthouse. Its was worth it for me but who wants to go to court 3-6 times...not many.


The main way to win traffic (speeding cases) is to keep out key evidence into the record - in cases that go to trial.

Thank you for your reply.

My main concern is that the prosecutor at the start of my case is now the sitting judge.... When the now sitting judge was the prosecutor, I got the impression said prosecutor was not to thrilled that I pleaded " not guilty" and that I requested discovery... The prosecutor even commented to me off the record of course, " What are you going to do make a federal case out of this"? I replied that I was not going to make the states job easy for them.... Hence my fear that I will not get a fair and impartial hearing from the current jurist...

Regards

CCJ

 

[davidmcbeth]

file a motion to disqualify .... who cares if he denies it, the judge likely will not care

 

[countryclubjoe]

file a motion to disqualify .... who cares if he denies it, the judge likely will not care

David

Are you reading my post? The judge is the ex prosecutor that broke my balls.... Hence my motion to have the ball breaker recuse from the case.

Read, my friend, read

CCJ

 

[countryclubjoe]

New Jersey Rule 1;12-1

" Cause for Disqualification" On the courts motion

" The judge of any court shall be disqualified on the courts own motion and shall not sit in any matter, if the judge

(A and B) relate to family members of the judge etc.. So Not relevant.

Here are the relevant rules.

(c) Has been attorney of record or counsel in the action...

(d) Has given an opinion upon a matter in question in the action.....

(E,F and G do not apply)..

1;12-2 DISQUALIFICATION ON PARTY'S MOTION..

Any party, on motion made to the judge before trial or argument and stating the reasons thereof, may seek that judge's disqualification....

So folks I have a few court rules in my favor.....

TIA for thoughts and opinions.

CCJ

 

[davidmcbeth]

David

Are you reading my post? The judge is the ex prosecutor that broke my balls.... Hence my motion to have the ball breaker recuse from the case.

Read, my friend, read

CCJ

Yes, I read your posts ... go ahead and file if you want. I don't think he was "breaking your balls" lol ... this must be your first time doing discovery ~ its a joke in state court. Federal courts on the other hand do not let parties play the "hide you stuff" games.

I have won defaults for discovery issues in civil courts/quasijudicial ... here's a recent one pic'ed below. This one took about 6 months to get...now I'm working on a default judgment...will be another couple of months