Muggy21
Citizen
- Joined
- Jul 1, 2022
- Messages
- 989
Court Order
IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT
Order - Plaintiff's Motion to Recuse
DENIED.
Plaintiff moves for the recusal of this Court's presiding officer on allegations of impartiality, animosity, and conduct unbecoming.
The Court will address each point in Plaintiff's motion.
1) Improper Statements
The Court made no such statement nor implied anything regarding Plaintiff's mental state. The Plaintiff's characterization of the sidebar exchange is inaccurate and the Court rejects it entirely. The Court simply attempted to survey the Plaintiff regarding his conduct within the case.
2) Disregarding Motions
The Court has never stated that it refuses to hear motions. What the Court has stated, with good reason, is that it will not entertain the same motion filed multiple times after it has already been ruled upon and will not hear motions that are not entertainable. Further, not every point raised by a party demands the Court's attention. There is a fundamental difference between a judge declining to re-litigate a settled ruling and a judge refusing to hear counsel. The Plaintiff's repeated re-filing of identical motions is not the exercise of a right. It is an abuse of process, and the Court is well within its authority to say so.
Furthermore, the Court acknowledged that there was a breach of procedure. This occurred when NovaKerbal said this in Post #68: "If we consult the outlined trial timeline, which should be common knowledge to all lawyers, we can see that witness questioning occurs AFTER the defendants opening statement has been produced." The Court, in response, admonished Novakerbal by stating "#68 @Novakerbal Please don't tell opposing party how to lawyer on my docket, thanks." Plaintiff's wish for this be resolved with a striking of that statement, although possible, does not create a requirement on this Court to follow his lead.
3) The Presiding Officer's Conduct
The Court withdrew the second contempt charge upon further review. That is the system working as intended. The phrase the Plaintiff takes issue with was a direct and plainly worded warning that continued disregard for court procedure would carry consequences. Judges issue warnings. That is part of the role. The Plaintiff's displeasure with the tone of a warning does not constitute bias. The fact that Plaintiff thinks "dig your grave counselor" is cruel and unbecoming speaks VOLUMES to his conduct. The Plaintiff has, on the record, called a witness a "miscreant" (#93), referred to Anthony_Org as a "vile player," a "liar of the highest order," and a "sultan of falsification" (#87), accused opposing counsel of "perjury" in nearly every filing, described the Defendant's legal strategy as "shameless," "cowardly," "despicable," and "disgraceful," declared that this Court has been "defaced" on multiple occasions (#31, #39), and denounced rulings as "unconscionable" and a "sham" (#16). The Plaintiff has done all of this while representing himself as a licensed Barrister of this Commonwealth. If a colourful judicial warning constitutes cruelty in the Plaintiff's estimation, the Court is genuinely curious what the Plaintiff would call his own language.
For all the above reasons, the Court denies the motion.
Now, since the Plaintiff has raised concerns about this Court's competence, the Court feels it is only fair to review the Plaintiff's own track record in these proceedings. The Court presents the following for the record:
1. The Plaintiff filed an objection with no recognized objection type (#10), the Court rightfully struck it.
2. The Plaintiff filed an objection citing "Evidence is proper/relevant" as an objection type (#5). That is not a recognized objection. It was overruled.
3. The Plaintiff attempted to compel witness testimony before opening statements had even been filed. Not once. Not twice. Four, on four separate occasions (#19, #24, #37, #38, #61). Each time, the Court patiently explained that witnesses are called during witness testimony. Each time, the Plaintiff filed the motion again.
4. The Plaintiff filed the same Motion to Strike (#25, #32) and the same Motion to Reconsider (#33, #40) after each had already been ruled upon.
5. The Plaintiff wrote messages in full caps demanding to know how they could prove their case (#31, #39), which were struck for not constituting valid motions or objections.
6. The Plaintiff objected to an Amicus Curiae brief on grounds of Speculation, Narrative, Inflammatory, and Relevance (#18). The Defendant correctly noted that none of these objection types apply to an amicus brief, as it is not witness testimony and contains no questions. This was sustained.
7. The Plaintiff called a witness a "miscreant" on the record (#93) and had to be warned by the Court.
8. The Plaintiff filed a Motion to Recuse in the District Court using the header "IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT" (#62). The Plaintiff also titled a Motion to Strike as being filed in the Federal Court (#62, #87). The Plaintiff does not appear to know which court they are in.
9. The Plaintiff responded to a Motion to Dismiss by filing an "Objection" citing "Calls for a conclusion" and "Inflammatory" (#63), neither of which is an appropriate response to a dispositive motion.
10. The Plaintiff labeled the Defendant's evidence as "Perjury, Hearsay, Immaterial" without citing a single legal standard or rule supporting any of those characterizations (#62, #87).
The Plaintiff's motions and filings have repeatedly failed to comply with the Court Rules. The Plaintiff's inability to comprehend them is not this Court's problem.
The Plaintiff has filed approximately 50 posts across these proceedings. A significant portion of them have been struck, denied, overruled, or disregarded for procedural deficiency. The Court respectfully suggests that the Plaintiff focus less on questioning the competence of the bench and more on reading the Court Rules and Procedures, which has been publicly available since before this case was filed.
Counsel would be well served to direct their energy toward the pending proceedings rather than toward attempts to remove the judge presiding over them.
Gladly signed,
Judge Mug