How to Sue a Judge

By eHow Legal Editor

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When pursuing legal action against an entity, it is hoped that the entity isn't someone sworn to uphold all areas of the law, as is the case when bringing suit against a judge. This lawsuit can be a somewhat tricky and frustrating process if you do not deal with it in a professional and knowledgeable manner. Find out how to sue a judge and receive proper justice.

Instructions

Difficulty: Moderate
Step1
Determine the nature of your case. Write down exactly whom and what you are bringing suit against, state this in plain language before proceeding.
Step2
Contact an attorney to determine if you have legal recourse for the issue at hand. Try to find an attorney that is not well affiliated with the judge in question.
Step3
Schedule an appointment to meet with an attorney to discuss the legality of your case. Also schedule a hearing with the Judiciary committee in your state to discuss the charges against the judge in question.
Step4
Make sure your case isn't one in which you are trying to overturn the judge in questions decision, in that case you must appeal not sue. File a complaint with the attorney general's office as well. Work on uncovering other possible injustices committed by this particular judge.
Step5
Follow the proper legal recourse for bringing suit against the judge first filing complaints with both the attorney general and the judiciary committee. Know that it is very difficult to bring suit against a judge, so be persistent and smart in the exploration of your case.

Tips & Warnings

  • Run the appeals process to the ground before attempting to file suit; it will show your persistence and resolve.
  • Check your state laws specific findings on suing judicial officials. Some states allow suing of judges, while others have complicated rules concerning appeals.

Comments

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on 9/2/2008 Contact Illinois Senator Barack Obama's office and see if he will take this issue up. IF the man wants change, then he should be man enough to make changes, even here.

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on 9/2/2008 Contact Illinois Senator Barack Obama's office and see if he will take this issue up. IF the man wants change, then he should be man enough to make changes, even here.

tessmrqz

tessmrqz said

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on 8/2/2008 cont. from bellow: 5) have his clerks intimidate other pro se's away from his court, 6) had his associate direct this case to his court, etc. And you tell me that his cronies in the higher courts are going to hold him accountable? Well, they did not. Those who no not uphold the constitution are traitors and not prevail in an orderly society.

tessmrqz

tessmrqz said

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on 8/2/2008 llreynold answer seems self-serving, thus to answer him/her verbatim: Since when a corrupt judge does not find his way to influence most others in the courts and in a judicial commission? A court's worries is not to be "adversely-effected" but to see that fairness is practiced, and the only ones who are intimidated are those who know they have done wrong. Some crooks are judges precisely because they were unable to make a living in private practice due to lack of integrity or incompetence. the judge I am complaining about 1) caused a situation to happen so that he could switch blame, 2) signal the attorney of his pal as to what and when to say in order to synchronize his rulings, 3) did not answer the pro se questions, 4)tried to coerce a pro se into releasing his pal from the case, 5) have his clerks intimidate other pro se's away from his court, 6) had his associate direct this case to

llreynolds

llreynolds said

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on 4/12/2008 As a retired judge, I think that this article's a bit ill-advised. Why would you want to sue a judge? You would appeal a decision that you feel is erroneous. If you question the competence or impartiality of the judge, you would file a complaint with your state's judicial commission? Suing the judge would adversely effect the activities of two courts and intimidate public officials who could make a better living in private practice anyway. Or maybe that's what you're after...

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eHow Article: How to Sue a Judge

eHow Legal Editor

eHow Legal Editor

Category: Legal

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