How To Deal With A Bad Judge

Revealing Many Ways For Dealing With Bad Judges

This page is informational. We are NOT lawyers and nothing on this page should be
construed as legal advice!

"I can state with certainty that if you go against the status quo in Rhode Island and point out
wrongdoing of the judiciary they will ruin your legal practice and make it impossible for you
to win a case."
--Quoted by a well known lawyer who was discussing the Rhode Island Judiciary

You should consider a Judge bad only if they show a pattern of behaving or ruling in a manner
that is:

• preventing or hindering you from receiving full, fair, impartial hearings or the full, fair,
impartial administration of justice or
• you have seen evidence which would lead a reasonable person to believe they could be
prevented or hindered from receiving full, fair, impartial hearings or the full, fair,
impartial administration of justice.

The criteria used in deciding if a judge is bad is NOT how they handle a high profile case or
people of influence, but how they handle the poor, prosecutorial misconduct and the
unrepresented. Regardless of how bad a Judge is, they will undoubtedly make SOME correct
decisions. We consider a Judge bad if they do not FAITHFULLY and CONSISTENTLY
adhere to their oath of office and aggressively pursue justice for ALL. Anything less is
unacceptable and is the definition of a bad judge. Also see the Judicial Accountability
Initiative Law and the article on dismissals of Government cases.

Bad Judges exist. We all know they do. [See Judges as Criminals?] 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. The system's resistance to admitting the existence of a bad
judge can be astounding. Yet someone must stand up to challenge this cancer within the
Judiciary. Bad Judges need to be weeded out. It is to the fair, competent judges that the
following is dedicated.

Before you go before a Judge, try to learn the Judge's record!

• Check Caught! to see if complaints or comments are on file. [Rhode Island]

 • Courtroom Monitoring
• Case Research [try researching decisions by topic and judge]
• Investigation [Newspaper Databases, Law Library etc.]
• Ask local practitioners
• Ask national court reform advocacy groups
• For new Judges with no track record, listen to other cases in their courtrooms before
losing your right to disqualify

To Change A Judge Before The Trial:

• READ CASE LAW REGARDING JUDICIAL BEHAVIOR DURING TRIALS

o Case Law
• PEREMPTORY DISQUALIFICATION
o Case: Moore v. Alaska
• DISQUALIFICATION FOR CAUSE (RECUSAL)

Note: In Rhode Island it is customary for a judge to recuse himself if there is a

complaint pending with the state's Commission on Judicial Tenure and Discipline.
Check your area and jurisdiction. There are 2 factors to consider. First, once a Judge
starts to stink it usually always gets worse. Second, the grass might NOT be greener
on the other side.

Now, according to Congress, U.S. Supreme Court case law and Rhode Island's
canons of judicial ethics, a judge must bow out of hearing any case in which his or
her impartiality might reasonably be questioned. The Rhode Island Canons of
Judicial Conduct say that judges must avoid all impropriety and appearance of
impropriety.
"The test for appearance of impropriety is whether the conduct would create in
reasonable minds a perception that the judge's ability to carry out judicial
responsibilities with integrity, impartiality and competence is impaired."
Use this wording when moving for recusal. Also, requests for recusal MUST be in
the form of a motion.

o Examples see: Rose, Perkel, Kemp, Mathein, or L'Heureux Motions

o Suggest Voluntary Recusal
 (Okla. City Judge biased by blast damage)
o Asserting Ethical Duty
 USC 28 Chap. 21 §455
 See Brief On Recusal
• REMOVAL TO ANOTHER JURISDICTION
• CHANGE OF VENUE
o See example cases of change of venue
• MOTIONS TO DISMISS BEFORE MERITS ARE HEARD
o Res Judicata
 o No Jurisdiction
o Sham, Frivolous, Meritless pleadings
• DELAY IF JUDGE IS ABOUT TO BE ROTATED OFF OF CASE
• START LISTING THE ABUSES ON CAUGHT! [Rhode Island]
• FORMAL COMPLAINTS
o See Info From Alaska Judicial Commission)
o Examples: Gembala Complaint, Caught! Judge Page
o Title 28 Section 372(c) of the United States Code provides a way for any
person to complain about a federal judge or magistrate.

If It Is Impossible To Change A Judge Before Trial:

• MAKING RECORD FOR APPEAL

o 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.
o Request for Court Reporter - in writing more than day before trial
• PRESERVING OBJECTIONS
o Learn Rules of Evidence - Object on the record at trial
• DE-RAILER MOTIONS
o Mistrial
o New Trial
• PUBLICITY, EXTERNAL PRESSURE
• RE-FOCUS JUDGE'S BIAS/ANGER AGAINST OTHER SIDE

Dealing With A Judge After A Bad Ruling

• LIST YOUR COMPLAINT ON CAUGHT! [Rhode Island]

• APPEAL [Note: There is always a limited time to initiate appeal!!]
o See Mitchell Appeal
o Free Notice of Appeal Form
• SPECIAL OR INTERLOCUTORY APPELLATE ACTION
• ANOTHER FORUM

Serve Society By Taking Action To Get A Bad Judge Off The Bench.
Identify And Publicly Expose Biased, Prejudiced And Corrupt Judges!

• EARLY IDENTIFICATION of a Bad Judge may be the single most important factor
in your litigation. Once one notices a Judge is bad, you can practically guarantee it is
only going to get worse. If it is too late to help in your own case, exposure helps
prevent similar judicial abuse for subsequent litigants.
• LIST YOUR COMPLAINT ON CAUGHT! [Rhode Island]
• PUBLICITY, PICKETING
• FORMAL COMPLAINTS
 o See Info From Alaska Judicial Commission)
o Examples: Gembala Complaint, Caught! Judge Page
o Title 28 Section 372(c) of the United States Code provides a way for any
person to complain about a federal judge or magistrate.
• IMPEACHMENT, RECALL
o See Petition For Impeachment
• LEGISLATIVE & CITIZEN ACTION TO LIMIT JUDICIAL POWER AND
DISCRETION
o See Florida Jail4Judges
• LAWYER WHO GIVES ASSISTANCE TO NEW LITIGANTS IN USE OF
PEREMPTORY DISQUALIFICATION
• SUING A JUDGE PERSONALLY FOR MONEY DAMAGES
o Overcoming Judicial Immunity
o Judicial Immunity Case Law
o Federal 42 USC 1983 Civil Rights Lawsuits against non-immune judges
 See the Donald Stone Suit #1 and the Donald Stone Suit #2 [zipped text
files]
o Choosing a forum
• SUING A JUDGE FOR A DECLARATORY JUDGEMENT

Related References

• Caught! Public List Of Judicial Misconduct and Ethics Violations In RI

• Article: Why Lawyers make Bad Judges