- Joined
- Feb 16, 2021
- Messages
- 248
- Thread Author
- #1
- Client Name: The_Donuticus
- Counsel Name: The_Donuticus
- Were you originally the plaintiff or the defendant: Plaintiff
- Reason for the Appeal: [2023] FCR 15 was ruled as frivolous, a frivolous case is described in the SAVIOUR act as: "Lodging a legal case that has no serious purpose or value". Determining if possible criminal actions and serving in their own self interest would disqualify someone from serving in the DLA is an extremely serious legal intent.
Furthermore the Judge states "Furthermore if anyone litigating against the commonwealth believes that the state prosecutor or defender shouldn't be representing the commonwealth in that specific case, they should bring it up in that case rather than file a new case." here the Judge suggest some kind of process exists to recuse a Prosecutor from a case, this is not the case - the court cannot order someone to change their legal counsel, therefore in the event that someone is abusing the position of Prosecutor there is no avenue to take within the court.
- Additional Information: In his ruling Judge Dygyee writes:
"Secondly, it seems awfully weird that the Plaintiff in another case that is suing the Commonwealth of Redmont is concerned with the defenses ability to defend the legal interests of the Commonwealth."
This is an extremely insulting to imply that because an individual is suing the Commonwealth they don't care about the interests of the Commonwealth. We sue the State because we care, not the other way around.
- Counsel Name: The_Donuticus
- Were you originally the plaintiff or the defendant: Plaintiff
- Reason for the Appeal: [2023] FCR 15 was ruled as frivolous, a frivolous case is described in the SAVIOUR act as: "Lodging a legal case that has no serious purpose or value". Determining if possible criminal actions and serving in their own self interest would disqualify someone from serving in the DLA is an extremely serious legal intent.
Furthermore the Judge states "Furthermore if anyone litigating against the commonwealth believes that the state prosecutor or defender shouldn't be representing the commonwealth in that specific case, they should bring it up in that case rather than file a new case." here the Judge suggest some kind of process exists to recuse a Prosecutor from a case, this is not the case - the court cannot order someone to change their legal counsel, therefore in the event that someone is abusing the position of Prosecutor there is no avenue to take within the court.
- Additional Information: In his ruling Judge Dygyee writes:
"Secondly, it seems awfully weird that the Plaintiff in another case that is suing the Commonwealth of Redmont is concerned with the defenses ability to defend the legal interests of the Commonwealth."
This is an extremely insulting to imply that because an individual is suing the Commonwealth they don't care about the interests of the Commonwealth. We sue the State because we care, not the other way around.
