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Unfair hearing.

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Latest post Tue, Aug 14 2012 4:07 PM by Taxagent. 2 replies.
  • Tue, Aug 14 2012 3:23 PM

    • MWMike
    • Not Ranked
    • Joined on Tue, Aug 14 2012
    • AZ
    • Posts 1

    Unfair hearing.

     I was recenty brought to small claims court, on a claim I thought was a easy defend, then 2/3 of the hearing the clerk became his lawer instead of a nutral clerk, without going into details it was shocking. After it was over I did some research to find out this guys wife is a county supreme court judge in the same court division. The small claim clerks that decide are judges that vollenteer.And this particullar vollenteer was also a county supreme court judge. Putting myself in the position of my judge , do you decide against your colligue's spouse or make it seem like a legite decision and and just move on like all normal. I truly feel That this was not a fair hearing. and there is no way to prove his decision wasn't partial except for reviewing the facts and seeing how unfair. Im also not impying there where favors called opon, but just knowing who he was would alter his decision. not sure what I would of done in his shoes, honestly.

                                                            Thanks for your time and input.

  • Tue, Aug 14 2012 3:45 PM In reply to

    Re: Unfair hearing.

    Did you have a question?  I should think you'd want to look into an appeal.

  • Tue, Aug 14 2012 4:07 PM In reply to

    Re: Unfair hearing.

    In what state did this take place? Your screen info indicates that you are in Arizona but that state doesn't have "county supreme courts." Your remedies depend on the applicable state law, so where this took place is important.

    Note that the fact that the plaintiff was a spouse of some other judge is generally not a conflict of interest that would require a judge to recuse himself/herself. So you'll likely need more than just that fact to get the decision reversed.

    You say you thought your case was "easy" to defend. Perhaps it was not as easy as you thought. I've seen a number of clients who thought their cases were "slam dunks" but when I looked at it, it was not nearly as good as the client the thought. The client's own bias in the matter colored their view of it making them believe that the case was a lot better than it truly was. What I'm getting at is that a third party who knows nothing of the case other than what is presented at the trial may come away with a different view of it than you have. I obviously don't know the strength of the plaintiff's case or how good your defense was, so I can't say that you misjudged the case. I'm only suggesting that you consider that as a possible explanation for the outcome of the trial.

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