Rule of Law Radio Archive Search Engine

Well, you know, I mean, if you do motions for disqualification, usually they have to be verified

kinds of due process of disqualification of the judge or I mean all kinds of

Yeah, because the problem with that is disqualification takes constitutional grounds

Boy, bias is not in the disqualification.

Disqualification

I don't think you'll disqualify, you have to have disqualification

And disqualification generally has to be constitutional

Right, the first thing you need to do is to file for disqualification, not recusal, disqualification on behalf of the judge

Chris issued a file that a man for disqualification of the judge. So when he stood in front of the

and order the judge to stand down and follow the procedures required for disqualification.

I just was doing some work on disqualification today and I found a case out of North Carolina,

disqualify him on your constitutional disqualifications.

Can be held on the disqualification of the court

If he recuses himself, it's similar to disqualification, but he's removed from the case.

So disqualification becomes moot.

Here's how you get to constitutional disqualification.

nor can they render a decision on disqualification.

I thought a judge could and had a duty to sit for jurisdiction, not disqualification.

That's one of the disqualifications.

There's only three disqualifications for a judge.

And you cannot preside over this matter after I've already initiated my disqualification of you under the code

There are three constitutional disqualifications

In California, the statute, the rules on recusal and disqualification

And you might file a motion to disqualify the judge and charge the judge with disqualification.

And do remember that the judge you are filing the motion on for disqualification cannot make the determination on the motion.

But in a disqualification, it has to be a separate judge.

That's why I suggested disqualification.

And the criminal complaint supports disqualification.

It was disqualification of arresting officer,

so that you may have time to prepare a motion for disqualification.

No, he can rule on the jurisdiction. If you file a disqualification, he can't rule on that or a recusal.

If you file a recusal or disqualification, another judge has to hear it, but not the subject matter jurisdiction.

but he can appoint a judge, supposedly a neutral, uninvolved judge, to hear the disqualification

And with that, a motion for the disqualification of the presiding judge,

disqualification see what you get

judicial disqualification I got a bunch of hits

but they cannot rule on their own disqualification.

Okay, wait, wait, wait. Do not go to disqualification or recusal yet.

Okay, that's on your recusal or disqualification motion

Well, that would seem to me that the judge is biased and you could ask for disqualification based on that.

He illegally made a ruling in the case, so now we have to file for disqualification of

And even when you go to the disqualification committee against them, oh, well, we find no

What is the statute on disqualification?

Because in most states a judge cannot rule on his own disqualification.

capacity and official oppression and demand the judge's disqualification.

He does not get to rule on his own disqualification.

Disqualification he cannot.

And we hope that the judge denies disqualification because that's one of the things he can't

the issue of disqualification as opposed to recusal.

Well a recusal the judge can refuse to accept, a disqualification legally they can't.

to disqualification of the test and invalidation of your signature on whatever document you

Because disqualification is very specific.

She doesn't have enough specific reasons for disqualification?

No, to disqualify, disqualification is generally constitutional and it's very

for disqualification.

the last one being Canon 3D says disqualification.

Yeah, I declared the disqualification of him based on his prejudice against me,

He can't deny disqualification.

And let's see if he can deny the disqualification they're going to give him.

or filing a petition to the higher court for disqualification

That's not grounds for disqualification.

Grounds for disqualifications are very specifically stipulated.

And in a motion to disqualify, you have to make accusations to give cause for disqualification.

Here's one for the judge for disqualification.

In this case, the judge ruled on its own disqualification and has still been presiding for the last

those are the issues that's going to get you a disqualification or recusal.

Disqualification is generally constitutional

I mean with disqualification

Well also the fact in this case disqualification will be limited only to the judges having jurisdiction of such cases

Now I've been successful in a couple of disqualifications up to this point

Now this was my problem with the disqualification as well

You know I could ask for disqualification of a judge

recusal or a motion for disqualification of the judge because of the ex parte communications.

No, a motion for disqualification.

Yes, you can keep each one of them committing disqualification.

That's constitutional disqualification.

One is a motion to disqualify the judge, along with an affidavit in support of that disqualification.

The second or the third is an affidavit in support of that disqualification.

with the possible exceptions of motion to disqualify and affidavit in support of disqualification,

What were the, what were the grounds of the disqualification?

No, no. What were the, what were the grounds for your filing for disqualification? Okay, hang on. We'll go to break. We'll pick this up on the other side.

But disqualification is something very specific. That's why I was asking for the grounds.

And each state will have very specific requirements for disqualification. What did you claim as disqualification?

That's not a grounds for disqualification. That's a grounds for retusal.

But not disqualifications.

so he's actually ruling on his own disqualification, because why?

He ruled on his own disqualification, which we know is not allowed.

I've got to do another disqualification.

Tell the clerk to send it up there to the main chief judge and then he rule on disqualification.

That is, he's ruling on his own disqualification because the other judge ain't seen it.

As to if the disqualification comes or a complaint on a judge, right, and now when I do a bar

So guess what I'm going to work on, complaint, send it up to disqualification, send it out.

Well, that would be grounds for disqualification, too.

As soon as he does so, he, that is, um, rule for disqualification.

And look under Cherokee County, I have got a couple of motions to disqualify and I talk about disqualification there in terms of Texas law, but they're almost identical in California law.

Disqualification issues subject matter jurisdiction issue can be raised on appeal

So we've got the the makings of a disqualification

And whether it knocks the judge out through disqualification or the clerk out through

Foundation to get the ruling that's going to address this competently. Okay disqualifications one issue

So whether it ever gets to the issue of disqualification of the court if it's also raised at the same time same case

Then we may never reach the disqualification issue because the clerks will stop doing it because they're going to have to be terminated

One is disqualification in the other's conflict of interest with the clerk can't be custodian records and witness at the same time

Under Rule 18A, under disqualification, if you disqualify the head administrative judge of the district,

First and foremost is that whether it's disqualification or recusal, they have to hold a hearing.

So the judge no longer has the ability in the municipal court to determine their own recusal or disqualification, okay?

Instant disqualification.

Instant disqualification.

The disqualification motion invokes duties that a refusal does not.

along with a motion for a... of the British Mandamus ordering the disqualification of the judge

In support of that, the way I get to the Chief Justice is because through the disqualification process, when you filed a disqualification on the judge and went to the head administrative judge in the district, and he mishandled it, so I filed a disqualification for him.

But do you have the disqualification motion in?

Has the judge done anything subsequent to the disqualification motion?

He's done nothing to the disqualification and have filed motion for sanctions, which he has said that he will not act upon.

Wait, no, wait, you have a disqualification motion and has he rendered any rulings going to the adjudication of the case?

Has the head administrative judge of the district set a hearing on the disqualification?

No, the recusal or disqualification of the judge.

is either challenging jurisdiction, recusing or disqualifying the judge with a proper legal basis for the recusal or disqualification.

In the state constitution, when you get under, you know, you get in here, you start looking at the section about the judiciary, disqualification of judges and so forth.

Not removal, disqualification. You can disqualify him. Everything he did is void.

Well, I have reason to believe he did no such thing because the Chief Justice of the Supreme did not appoint a judge to hear the disqualification against Judge Olvard.

Had he been noticed of the disqualification motion, he would most certainly have appointed a judge to hear it.

And let's see if we can get these guys to screw around with the disqualification motion.

Then that's disqualification right there, he denied you in your right to a fair and public trial, not private.

Under the guise of affidavits in support of a complaint against the head administrative judge at the judicial district over a disqualification issue.

we may not get to his call. But we're back to the disqualification of these municipal judges.

There is a recently enacted portion there, sub-chapter A-1, recusal or disqualification of municipal judges.

All right, now we go to section 29.052, motion for recusal or disqualification, subsection A.

A party in a hearing or trial in a municipal court, including a municipal court of record, may file with the clerk of the court a motion stating grounds for the recusal or disqualification of the municipal judge.

Subsection B, a motion for the recusal or disqualification of a municipal judge must, one, be filed at least 10 days before the date of the hearing or trial, except as provided by subsection C.

Two, be verified. And three, state with particularity the alleged grounds for recusal or disqualification of the judge based on sub-item A, personal knowledge that is supported by admissible evidence, or B, specifically stated grounds for belief of the allegations.

C, or subsection C, a motion for recusal or disqualification must be filed at the earliest practicable time before the beginning of the trial or other hearing if a judge is assigned to a case 10 or fewer days before the date set for a trial hearing.

Now we're going to go to section 29.053. Notice, a party filing a motion for recusal or disqualification under this sub-chapter shall serve on all other parties or their counsel, one, copies of the motion, and two, notice that the movement expects the motion to be presented to the judge three days after the filing of the motion unless the judge orders otherwise.

Okay, now the motion for recuse or disqualification where it's talking about what we must have, a motion must state and be filed within at least 10 days before the date of the hearing or trial.

The party filing a motion for recusal or disqualification under this sub-chapter

Why in the world would you give a judge that you're trying to dismiss through recusal or disqualification?

A party may file with the clerk of the court a statement opposing or concurring with a motion for recusal or disqualification at any time before the motion is heard.

So, you know, presumably we're limited to someone that's on either side of this particular case rather than some third party individual that has witnessed the events and knows a disqualification should be necessary.

29.055, procedure following filing of motion, recusal or disqualification without motion.

A, before further proceedings in a case in which a motion for the recusal or disqualification of a municipal judge has been filed, the judge shall, one, recuse or disqualify himself or herself,

one, shall enter an order of recusal or disqualification and subatom A, if the municipal judge is not the presiding judge, request the presiding judge to assign any other judge of the municipal court, including the presiding judge to hear the case.

And two, may not take other action in the case during the time after the filing of the motion for recusal or disqualification and before a hearing on the motion except for good cause stated in the order in which the action is taken.

A judge who hears a motion for recusal or disqualification under subsection A may also hear any amended or supplemented motion for recusal or disqualification filed in the case.

If a motion for recusal or disqualification is granted after a hearing is conducted as provided by section 29.056,

the judge who heard the motion shall enter an order of recusal or disqualification, and one,

or three, if the judge subject to recuse or disqualification is located in municipality with

or disqualification as an abuse of the court's discretion. A party may not appeal an order

that grants a motion for recusal or disqualification. Okay, content. Now, I love that part. We can

appeal their denial of the disqualification. What it's not telling us is, to who do we make that appeal?

in your case. That's a disqualification right there.

sub-chapter A-1 added to chapter 29 of the government code dealing with the disqualification

We can file motions to recuse or disqualify, but I am leaning towards disqualification

then that constitutes a disqualification, not a recusal.

a proper cause for disqualification.

the recusal or disqualification to be forwarded to the presiding judge, which in this case

I'm looking at the time a motion for recusal disqualification must be filed at the earliest

Oh, here it is, a motion for recusal disqualification must be filed at least ten days before the

The Supreme Court rules says that disqualification can be filed at any time.

judges invoking constitutes a constitutional disqualification because of the now.

You mentioned the case law that made bias grounds for disqualification.

Because what I'm only moving for is the disqualification of the judge for deprivation of rights under

Not everybody's gonna be disqualified all the way up the line because the way the courts have set this system up, their declaration is the disqualification of all is the disqualification of none.

You see the problem? So you will never get a default win by disqualification. We clear on that?

Okay, which part of my statement are you not following? The disqualification of all means the disqualification of none.

He didn't address the disqualification at all. He just filed a ruling saying that he didn't find

And attached to that document was a statement of probable cause in support of disqualification of the judge.

to the Chief Justice of the Supreme based on a disqualification of the head administrative

The fact that he knows somebody else is not grounds for disqualification.

and disqualification to hold any office of honor, trust, or profit under this government,

Always ask for disqualification.

Red Habeas Corpus, it goes to subject matter jurisdiction by disqualification. It makes

the judge's immediate recusal or disqualification for his racially based remark.

Disqualification A judge shall disqualify himself for herself

affected by the outcome, disqualification is not required if the judge or the judge's

spouse or minor child divest the interest that provides the grounds for the disqualification.

Remittal of disqualification.

record the basis of disqualification.

duties, reflect adversely on the judge's impartiality, lead to frequent disqualification,

investments and other financial interests that might require frequent disqualification.

Judicial conduct complaint, the judge file a disqualification of the judge.

But anyways, I did put a disqualification in last week, and Sam Sparks refuses to monitor that. In his, you know, one of his orders, I mean, I really can't believe that he's a federal district judge,

you know, looking at some of his orders, he cites no law, he just acts, I'll say no, I just dismiss it. He declared me as belligerent. And so in my disqualification, I took the opportunity to define the word belligerent,

I mean, the disqualification was, I think, a lot of it. A piece of it I took from the American Law Review.

And so when he funded orders on this, he orders it that, you know, my disqualification was, let's see, how did he put it?

does not allow for pre-emptory disqualification.

Okay, those are, I was looking for specifics, procedures in the case of a motion for disqualification.

motion, but it's not equitable for him to be able to rule against his own disqualification.

We'll just... Go ahead. This would be under 18455. So, under 18 U.S.C. 455 disqualification

of my disqualification of him tampering with a witness, because this is before he even

Can I ask you about an affidavit of disqualification?

And I wanted to ask you about the affidavit of disqualification.

Have you ever done an affidavit of disqualification to the Supreme Court?

No, in our state it's called an affidavit of disqualification.

You have to file an affidavit to the Supreme Court of disqualification.

No, that's going to take longer than this affidavit of disqualification.

What are the conditions that authorize disqualification?

Disqualification in Ohio.

Bias and prejudice goes to recusal, not to disqualification.

Well, that's not what it says in the disqualification instructions though.

It may be different in Ohio, but generally you have recusal and you have disqualification.

Disqualification will go to, I know in Texas there are constitutional,

disqualification is constitutional.

And that is the affidavit of disqualification.

Have you done a search for affidavit of disqualification on the internet?

I filed an affidavit of disqualification on the second judge because he's ignored everything I put in.

I know, I know, and here's what I was going to do. When you see my affidavit of disqualification I just put in the Supreme Court yesterday.

I incorporated it into the affidavit of disqualification of the exhibit. It was kind of really neat that way, I thought.

And then that's incorporated in my affidavit of disqualification.

Yes. And I told you that, um, I put an affidavit of disqualification into the Supreme court

I just sent you my affidavit of disqualification last week with the motion in it.

Well, we'll get into that. But right now, I also want to tell you, you were talking about recusing. You know, last week I told you that I filed an affidavit of disqualification to the highest Supreme Court for this second judge who got moved in because I filed the writ of mandamus and won against the first one.

Anyway, I filed an affidavit of disqualification on him just the 30th of May, and I got a letter from the Supreme Court this week.

We talked about this last week. My affidavit of disqualification.

Okay, yeah. Anyway, because I want to get to this stuff. I just want to let you know about that other. So when I reopened my motion for my first guardianship case, I put that inside my affidavit of disqualification.

he ruled on his own disqualification and said that he's not disqualified. That's interesting.

even hear my case on Wednesday. Okay. Go in with a disqualification. Okay. And they can

treat it as a, if it doesn't rise to the level of disqualification, it gets treated as a

motion to recuse. If you file a motion to recuse, even if you have disqualification

to. So I always file disqualification. Okay. Is the recusal stronger as long as we have

two other parties with their affidavits? No, disqualification is always stronger. Okay.

a minute. He did? Yes. We filed disqualification papers on him. I gave him judicial notice

can either rule on it himself or appoint a judge to hear the, the disqualification. The

call down there and be doing a story on the fact that the judge is denying a disqualification

that allows the visiting judge to rule on the disqualification of the judge he's replacing.

and this one refused to review as the points of disqualification that got her disqualified in the first place,

One of those would be the disqualification of the judge.

Actually, I filed that affidavit of disqualification in May and June, and they-

Affidavit of disqualification.

Oh, of disqualification. Okay.

What is the law concerning disqualification in Ohio?

disqualification. Yeah, he probably wanted to get the heck out of here. That was probably a smart

such as disqualification of a lawyer and pending litigation.

So prior to becoming a judge, okay, then yeah, okay, this wouldn't get a mistrial, this would go for a disqualification or recusal

That's a disqualification.

So, I can't get to a disqualification. I don't see where I would get to one.

so I don't see where there would be a disqualification.

So I can't get to a disqualification. I don't see where I would get to one.

And he's not a member of the district attorney's law firm. So I don't see where there would be a disqualification.

It's kind of a standard practice when a pro se files a disqualification

Except the problem was if the disqualification was in the way and they knew it

And the improper ruling on the disqualification

that also is government code but the disqualification of a jp for the time

out of Georgia and it wasn't about disqualification.

I keep a huge research folder and I'll look for Kennedy State, Georgia disqualification.

disqualification.

the judge. I put my motion for disqualification, and it was fairly significant. One of the

a judge that he felt is deserving of disqualification. So, what they'll do is they'll come back with

They're very unlikely they're going to let you present anything other than evidence going to disqualification of the judge.

and today he went in for this disqualification hearing.

So what you need to do is find out what the rules on recusal or disqualification of this judge are

I don't know if that goes to disqualification. Disqualification is constitutional.

There is one of those in the material for recusal and disqualification.

towards that, so I wrote a disqualification of him and so now the court administration

The latest document I've put in was 31-page disqualification of the judges I've gone before

judge took his place, Judge Hughes I think and he denied the disqualification without

asserted that there was no claim for disqualification and he went through all of the state disqualification

there was one other thing, all of those went to state disqualifications.

What he failed to address was the fact that the disqualification was petitioned under

the constitutional due process right and that's a constitutional disqualification.

but the second one is also demanding a recusal and disqualification.

And if you refuse to self-recuse, I move for your disqualification and a continuance so

that I might prepare a proper written motion for disqualification pursuant Section 29.052

Okay. If you let them get into anything else without going into that recusal and disqualification,

You can file criminally against him and then pursue him there and move for disqualification or recusal.

Yes, I have as far as bias and prejudice and disqualification.

But judicial incompetence is a disqualification.

disqualification of a judge and recusal of a judge.

My understanding is disqualification to overly simplify the matter is asking a judge's

Okay. So the question was, before we get into the specifics in Washington State, what's the difference between a motion for disqualification and a motion for recusal?

Disqualification is a way of removing a judge as a matter of law.

Disqualification doesn't.

All of the listings in Texas' constitutional disqualification are very specific, and you have to have one of those.

The administrative judge himself can hold a hearing, or he can appoint another judge in another district to hear the disqualification.

Specifically, as it applies to Washington, what I had described was my general understanding of disqualification and recusal.

And in Washington State, they do disqualification and recusal as synonymous with each other.

In fact, in Washington State, the administrative judge over another judge need not even hear a disqualification motion, and that's what happened to us.

And so that seemed like a very glaring example for disqualification.

Well, I got to the Supreme Court on a disqualification, but I only got there statutorily where it

said that if you disqualify a judge, then the judge is required, if you file a disqualification,

he's required to send a disqualification to the head administrative judge of the district.

That would be an issue where you would move for disqualification with the judge and due

thus one of the basis for her disqualification requirements.

claims that as the representative of the state he is harmed you immediately move for his disqualification

You immediately object, you immediately ask them to recuse their cells or you immediately demand their disqualification

I agree. The only problem there is whether or not the court will comply. But again, if it's a deprivation of your rights, then he needs to do what I instructed him to do, which is demand, recuse or disqualification, file a judicial conduct complaint after he's objected to what the judge does. But I agree, yes he can do that and he should do that

who refused to recognize the prior disqualification in the cases that were pending there today

The judge that was disqualified was required to send the disqualification motion

So they don't want you to file the disqualification motions

of the disqualification process to prevent that documentation from being filed into the record.

Okay. Where in Ohio is the statutes that go to the disqualification of a judge?

because I'm going to go into a motion for disqualification that I'm working on right now

this disqualification motion I'm working on right now for this case.

and we are dealing with disqualification of judges in the courtrooms here in Texas.

Actions requiring disqualification.

by the disqualification procedures from municipal judges

thus making such disqualification unnecessary,

Refusal to comply with laws on disqualification procedure.

on her disqualification was returned by the judge assigned to administer

and verified motion for disqualification.

and misrepresenting the laws on disqualification

Therefore, her actions demand disqualification of a constitutional nature,

I move for your disqualification due to judicial incompetence.

Objection, move for your disqualification.

If so, I move for your disqualification because you are not providing me with

If you have the seminar material, there are several disqualification motions in there for judges

disqualifications hearings. County changed their mind and said, no, it's there. We have

Yeah, recuse him or disqualification.

Therefore, I move for your disqualification from this matter immediately.

judicial canons as your basis for disqualification.

fact requiring disqualification in your motion. But remember that you have to show that if

Yeah, I want to know what's the best way to word a disqualification for a judge that puts a bond on you for misdemeanor if you already challenged your jurisdiction?

Well, then what you need to do is to make the allegation for disqualification.

What's the rules of disqualification and recusal?

So yeah, file a bar grievance against a prosecuting attorney, move for the disqualification of

Oh, okay. So if I see it's going to be the same judge, then I start filing for disqualification.

Your next motion to file is a disqualification of the judge with a judicial conduct complaint

I'll be right back with your disqualification papers.

That right there was grounds for disqualification.

But what they cannot do is sit in judgment of their own disqualification. Now, they can do it if you ask simply that they recuse themselves. They could rule on that themselves. But when you disqualify them, that's a whole other animal. They cannot rule on that themselves.

And normally it is not in the same court where you're disqualifying the judge. I'm not saying it can't be. But now you also have the option of requesting that that hearing for disqualification be done by telephone.

So if you get there and the same judge is sitting to hear both object, you are disqualified. You cannot rule on your own disqualification.

he's an employee of the law firm had a duty to disqualify, but he didn't, that's disqualification

This is grounds for disqualification as opposed to simply grounds for recusal.

When you file a motion for disqualification then the court must forward your motion to

That's a disqualification issue.

It'll pick up from wherever it left off unless the grounds for disqualification

or anything else this judge has made as well as demand his disqualification

But if you go a little further down, in the case of a recusal or disqualification, in the case of a recusal, the county judge has to appoint another justice of the peace.

Disqualify these buttholes when they won't do what the law requires, because if they get disqualified by that administrative judge, that goes on their record as a disqualification,

So, and that way, on a disqualification, they have no authority to decide whether or not they're disqualified.

Yeah, but when I started researching it, you know, disqualification versus recusal,

I really couldn't find the grounds for disqualification.

Disqualification, way easier than recusal.

I filed disqualification for the judge to withdraw his ruling

So basically I ignored that after I filed the disqualification.

Disqualification.

Well, the only reason I didn't send anything was a motion to dismiss to the admin judge because she said the only thing she could do was her cases for the disqualification.

It also ironically states that this suspension has resulted in the disqualification of all commercial driving privileges as well.

Great. Also, where's my disqualification hearing after I disqualified the second judge?

Well, first thing you have to determine is first off, did you file the disqualification in writing as required?

The first judge I recused, the second one I disqualified, and she took 16 days and then she denied her own disqualification.

She can't deny her own disqualification. Somebody else has to have a hearing on that to determine whether or not she's disqualified.

that the municipal court should have held a disqualification and recusal hearing and

What does that have to do with anything when you didn't, and it's not recusal, it's disqualification.

On a disqualification request or demand, he doesn't normally have the option of choosing.

That right there is grounds for disqualification because it is proof positive that the judge

Recusal, which he has to do himself, and can choose to not do, or disqualification,

Judge Pro Tem, I forgot to notarize the disqualification.

her own disqualifications because it wasn't even notarized.

No, no, no. It was afterwards that I sent the disqualification.

I sent disqualification letters to the court and a judicial conduct complaint,

and he basically ruled on his own disqualification, and I disqualified him because...

Okay, what's the rules on disqualification in Maryland?

Here in Texas, a judge cannot rule on his own disqualification, only his own recusal,

A disqualification, however, he cannot rule on his own disqualification here in Texas.

and abuse of discretion and judicial authority in the first disqualification.

I wanted to talk about the disqualification of a judge. If a judge refused to allow to raid constitutional defenses in a trial, that's a disqualification?

Disqualification for the judges. If a judge refused to allow you to raid constitutional defenses, that's a disqualification?

No, that'll get him... Those are grounds for recusal, not disqualification.

I don't have any other grounds for recuse or disqualifications that I know of.

But now we've seen how those hearings have gone in the past with regards to the free to disqualification as a refusal.

It's randy at ruleoflawradio.com. The point of this kind of request, what I did was I went through the California disqualification rules and pulled out all of those financial issues that would disqualify a judge and asked for the judge for information concerning these issues.

The section on disqualification and recusal of judges.

To the states just generally a ver to some things that can be the cause for disqualification

code on disqualification and recusal was the most extensive I can find. About half of it

disqualification. He's just going to be working, pretend it doesn't exist. But the Rule 18A

Would that constitute judicial disqualification for the simple fact that he's not present

No, that doesn't go to disqualification.

It absolutely would not go to recusal or disqualification.

Three, disqualification of the lawyer would work of substantial hardship on the client.

Well, wait a second. What's that word disqualification?

Disqualification of the lawyer would work a substantial hardship on the client.

So, we're just left with testimony and since the key here is disqualification,

But you can also try to seek a disqualification if you can find proper grounds to show that the judge is refusing to apply the law to the facts in the case, et cetera, et cetera.

Right. It was recusal or disqualification is what I saw in the Texas Rules of Civil Procedure 18A.

So I went for the disqualification. I moved motion for disqualification. And like you said, she has three days in which to forward it. Well, she didn't. She ignored completely. No, first she denied it.

And she denied the motion for her own disqualification, which I objected to because the law specifically said that she's not to the judge whose disqualification is being sought is not allowed to take any further action.

I found where if the trial judge whose disqualification is being sought does not forward it to the presiding regional judge, then the person who made the motion can notify the presiding regional judge.

of any merit to support any disqualification of the other arguments or to

But instead of the judge having a disqualification hearing,

But he thought that the judge was talking about the recusal hearing, the disqualification hearing.

Well, follow disqualification or recusal request because of it.

pending disqualification anyway.

And pending disqualification, you have a motion to disqualify him?

of disqualification to you.

I was cheerful to see the look on the judge's face when he got the disqualification.

They do them every day, but this disqualification hearing is they cherry picked one additional motion. I've got probably a dozen different motions before the court that they haven't addressed, and they cherry picked this one about motion to suppress evidence illegally obtained.

Now, Eddie, I'm inclined to not allow them to go forward with disqualification hearing until they first deal with the issue of subject matter jurisdiction. It's been challenged from day to one.

And he can't rule on a disqualification motion. He can only rule on a recusal motion, because recusal is something they have to do themselves. You can move that they do it, but it's up to them whether or not they do it.

Then you send a copy to the head administrative judge with a motion for sanctions against that judge for doing that, because they're required by law to forward that disqualification to the administrative judge who is then required to appoint a hearing judge and schedule a hearing for this if he's not going to grant the motion outright.

I was looking forward to going to disqualification hearing.

So I've already filed the disqualification motion.

Disqualification motion's already been filed and now he's

you know. And now that disqualification becomes moot.

You answered me back online about probably disqualification motion, criminal complaint against the judge.

I just went inside of disqualification motion and criminal complaint.

The district judge, who I filed the motion for his disqualification, the district judge came in and had already decided it was going to be denied. It was obvious from the get go. Walked in there 30 seconds later it was denied and he walked away.

And I was saying, you're on our object, you're on our, come back here, and he wouldn't, he walked out from the left. So the district judge had denied the disqualification and put this crypt back up here on the bench.

A couple of years ago, I had a JP that I motioned for disqualification for numerous statutory reasons.

They denied their own disqualification, which I understand by all legal means is sound.

When you say denied, did they deny the disqualification or did they refuse to disqualify themselves?

They sent me back a letter after I filed the motion for disqualification.

And the letter stated on the topic of the motion for disqualification motion denied by the judge that I was trying to disqualify, and I've got her signature.

down here. And I've got her signature where she denied her own disqualification. Now,

people to understand. There is no specific set of rules dealing with the disqualification

of rules for disqualifying a JP, the only relevant rules we can find relating to disqualification

in these lower level courts is chapter 29 of the government code dealing with disqualification

then. Yes, it does. I mean, how can you ever throw a bad JP off the bench through disqualification

you shouldn't have the right to deny your own disqualification. It should be put in the hands

of people. Well, again, disqualifications are supposed to be forwarded to a district judge.

10 that stepped on the bench that I disqualified and with and and denied their own disqualification.

now it wouldn't matter anymore. That was the only disqualification? Well that in the end of not

official oppression on the judge pro tem for denying her own disqualification. Well again if

So if I should file a disqualification, is that the same regional judge that sits over the JP and the municipal courts that would sit over the county court of law?

i that's what i typed up the very next day a disqualification motion you just reconduct

and another disqualification motion for judge ball and he was kind of in a criminal complaint

and will be heard by judge ball judge ball can't hear his own disqualification motion

you've got the disqualification motion in against him and he can't rule on his own disqualification

all of those are disqualifications under the judicial canons every last one of them

I agree, I agree, what I started out with is I had a JP deny their own disqualification

when I motioned for disqualification for various reasons all of the government code.

this, that everybody in Texas understand that a judge cannot deny their own disqualification.

I agree. I agree. What I started out with is I had a JP deny their own disqualification,

that everybody in Texas understands that a judge cannot deny their own disqualification.

Well, I'm still pursuing this particular justice of peace that decided to deny his own disqualification, and I must have got the criminal side figured out as far as I'm going to take that.

But on the state commission on judicial conduct side, back in November, I filed a state commission on judicial conduct complaint on the judge for denying their own disqualification with a copy of the signature and everything in order from the judge.

Yeah, I have the order from the judge with the signature saying that they're denying their own disqualification, denied.

Actually, I think I did. I think I sent them a copy of my verified criminal affidavit, a copy of the judge's order denying his own disqualification and all that stuff, and I said,

The fact that when it comes to retusal or disqualification of a judge,

Because that's how the criminal complain against being disqualification, motion, blah, blah, blah.

I filed disqualification motion from applying against her.

She assigned her assistant judge to hear the disqualification motion.

I just want to explain that I filed disqualification motion between the judge and the attorney.

Has he, you know, assigned a neutral judge to hear those disqualification motions?

Criminal complaint, judicial conduct complaint, all the good stuff, disqualification motion.

The judge didn't correct her again. So I filed criminal complaints against him, disqualification.

I had filed the disqualification motions the Friday before.

And I looked at her and I said, Judge, those are disqualification motions and you have no lawful authority to hear them.

That Friday I got the orders from the court from this judge where she denied my motion for disqualification.

I filed disqualification motions against a municipal judge and a city prosecutor in Macadoshes.

And I said, I got the orders from the court Friday where she denied those disqualification motions.

I filed disqualification motions against her, but I did not file criminal charges against her.

And when I left there, I filed disqualification motions, I think I filed six different motions altogether

Two were for the disqualification of the judge and the prosecutor, as soon as I left the court, I mean, yeah, the municipal court

And anyway, mailed the, and I mailed the disqualification motions off to the head administrative judge yesterday, did all that

disqualification of the judge with calls on friday which is today the judge

the disqualification with cause and that either we have to agree on a judge or if we cannot agree

the judge to hear the disqualification this judge impersonated that judge

disqualification with cause on the code of civil procedure 170.3c5 which

your disqualification with cause and then he continued and I said are you

my Code of Civil Procedure, Section 170.3c5, disqualification, motion is criminal conduct.

One is for basically disqualification of this judge and that he has impersonated a judge

And then you're going to cite your criminal complaint against that judge, your judicial conduct complaint against that judge and his prejudice and bias as grounds for disqualification

to make sure there's an affidavit that asserts the facts, has to be no later than five days after the affidavit, first learned of the grounds for disqualification,

What you were speaking to the bias, that goes to disqualification.

So, that would be grounds for disqualification, not for recusal.

That's not grounds for recuse or disqualification.

It may be grounds for appeal, but not for disqualification.

One other interesting note is that he's required to the chief judge or the judge hearing the disqualification or considering it shall make written findings and conclusions, which the very first one I filed back before the trial.

That's much more dangerous than recusal or disqualification.

But I think motion for disqualification might be one of them

And the disqualifications from the exemptions only go to one thing

He has to stop everything and deal with that disqualification or recusal matter.

And guess what? The motion for her disqualification is going before a regional admin judge who happens to be the same one

So now he's in a pickle. He's got to go to the Chief Justice of the Supreme Court to refer to the matter of his own disqualification.

is the first guy, the trial judge, whose disqualification was sought, or a recusal.

to a recusal or disqualification.

It was all from your seminar, the disqualification criminal charges tampering with government documents, official oppression.

Oh, just talking about the disqualification, judicial disqualification, but just before

county he's in, this judge whose disqualification is being sought, depending on what county

And so the motion for disqualification. And let me speak just for a moment about the difference

between recusal and disqualification. They're very similar. A recusal has different grounds.

The disqualification is all about he's interested. He's not able to be fair and impartial. He

disqualification is about. And a motion for recusal is when the admin judge receives that,

it out. A motion for disqualification, he can't throw it out. He has to have a hearing.

notice of the hearing. So the disqualification motion is, it puts the onus on that admin

Hey, I got a motion for disqualification over here. And I haven't heard back from you. Did

Oh, one other cool thing that I forgot to mention about this disqualification.

Once you filed that motion for judicial disqualification, that judge is prohibited from taking any further

pretend you didn't do a motion for disqualification. He can't deny it because he's not allowed to speak to it.

Even if the motion is improper, because disqualification is very specific.

That's not grounds for disqualification.

So what I'm saying is even if your disqualification motion is improper.

Doesn't change the law and disqualification.

If you file it as a disqualification.

However, keep in mind with recusal or disqualification.

But if you find that a relative of the judge or the judge is a relative of one of the litigants and you file a disqualification and they determine that while he's related, he's not related within.

So in my situation, I've been through I guess enough of these traffic cases by now and and have had to disqualify judges who needed disqualification.

Well, so that's kind of the long and short of disqualification and how it's slightly different from the accusal and the requirements that are on the different parties when you do that.

And if anybody doesn't know, disqualification simply means that you are, that the judge

So when I move for disqualification, the judge has three days, three business days

And so when a judge gets disqualified or has a motion for disqualification before the court,

well, then that goes from the judge whose disqualification is sought up to the admin judge.

Well, now Chief Justice Nathan Hecht has two motions for disqualification in front of him.

He's got to return a response to the disqualifications, one for the county judge and one for the presiding

One is disqualification of the district attorney.

Sounds like very good grounds for disqualification.

This goes to disqualification.

And so this is all going into a document for disqualification

The next motion I'm submitting is disqualification of the district attorney.

under chapter 42 a code of criminal procedure okay and disqualification section 557.002

disqualification motion in there. The first JP recused himself when I filed a disqualification

to deal with it with a disqualification. They can just say no. Wait, did you say you filed a

disqualification on the second judge or not? Yes, yes. And what did the second judge do?

And he did. So that's why he got a disqualification motion. And then, you know, when

But, you know, we, like I said, I had five of disqualification motions. And again,

that must have been this couple of days after I filed that disqualification motion.

the disqualification motion for that judge to JP in Huntington. And so I just and I probably dropped

my thinking is the warrant shouldn't have issued until that disqualification motion.

disqualification of the presiding regional judge who was supposed to be hearing the

motion for disqualification of the county judge but that presiding regional judge can't hear the

judge to pull in the district judge from somewhere else to go ahead and hear this motion for disqualification

would have had him filed a motion for his disqualification and of course that'll have to go

a new trial. After he proceeded with the trial, when served with a disqualification,

And further, I have a petition for a writ of mandamus to rule on the disqualification which

disqualification of justice with East Joe Geruso. Most in for disqualification was

motion for disqualification. The JP judge just ignored it, which, of course, he doesn't have

disqualification of these judges that i've found to be taking money accepting money from the county and

Maybe, what if he gets disqualified first because you report his crimes and you put file of motion for judicial disqualification and then he absolutely can't hold a hearing?

And then I have the whole time I have my disqualification papers on me ready to serve him at any time and set that motion so I can just tell the judge you've got 72 hours to grant or refer, good day, and I'm going to leave, I'm going to walk out on him.

I've got my disqualification papers on me at any time after I prod the judge and try to get him to lose his temper because I've been in this courtroom before two years ago with my buddy who I helped and he went in there and this judge is a turkey.

But then you already would have in your hand a motion for a disqualification of the judge, but you could also have with you a motion for the prosecutor to show authority to prosecute.

to file a disqualification motion to disqualify him because of his actions which he then refused

going to start out as a criminal. So I'm put in a motion for disqualification same day and

the motion for disqualification first she just ignored it for a while and then I was yanking

heard anything about this disqualification you need to rule on it. What turns out that person is a

It's been all the way up to the governor. It's been to Chief Justice of the Supreme Court, I think four times now to him with disqualifications of everybody involved, because we get a judge who is a criminal,

We've had disqualifications all up the chain. It just so happened that every time they tried to put a new judge in there to rule on the previous judge's motion for disqualification, well, the judge that they picked to put in that spot

I want to make sure that they don't get the wrong idea. And this is Senior Justice Murphy. She denied the motion for disqualification. She called it a motion for recusal.

Now, I don't know about you, Randy, if you've had this same experience, but they love to turn a disqualification motion into a recusal motion. They just do it all the time. They keep saying that that's what you filed.

Because in the rules of civil procedure it says that a motion for recusal can be denied without a hearing, but a motion for disqualification must have a hearing.

The motion for disqualification cannot. The motion for disqualification, if it doesn't comply with the rule that you are somehow in there, you're giving the idea that I can't sit under an interested judge.

So they don't like it to be a disqualification. They really want it to be a recusal so they can just brush it off and be done.

The judge cannot deny a disqualification motion unless the disqualification motion does not

state a disqualification claim in which case it can be treated as a motion to recuse no

There are statutory grounds for disqualification.

disqualification.

If you don't state a constitutional grounds for disqualification, even if you called it

I had a motion for disqualification

for disqualification to some other judge,

to hear this motion for disqualification.

because there had been three or more disqualification

But she did deny the motion for disqualification

and not have a hearing on the disqualification.

for disqualification is based solely on the rulings

concerning disqualification or recusal.

judge ignored the disqualification hearing he had a duty to hold and then I filed criminal

my motion for disqualification and I filed a petition for a written mandamus to render the

first judgment void and demand a hearing for disqualification appoint a new judge and have a

And before the trial began, I filed a disqualification motion on the JP judge

which he ignored completely. He denied his own disqualification and proceeded the trial anyway.

I talked to the Lufkin Court. I have received nothing from the court where this judge has recused herself, but apparently she did. I filed a disqualification.

And I had also asked the Supreme Court to stay proceedings pending the outcome of the criminal charges against one of the senior justices who had so egregiously violated the law regarding judicial disqualification.

Because then there would be a disqualification issue?

which brings me to I filed disqualifications

And the one judge, he struck my disqualification of them.

And one, I didn't think he could rule on his own disqualification.

So he struck my disqualification.

and I'm going to re-enter my disqualification of him.

and that's all in my disqualification as well.

as part of the disqualification.

when I'm filing that disqualification on her.

for asking them to order her to act on the disqualification

and to take the filed disqualification

since she was basically avoiding this disqualification

the subject matter jurisdiction motion and the disqualification is not being properly handled

disqualification or for recusal and he only has three business days he has to refer it to a higher

in pennsylvania do they have when you had when you do a motion for judicial disqualification

Not disqualified. These are not grounds to disqualify. The grounds for disqualification are very specific.

It doesn't go to disqualification. It goes to official misconduct or official oppression.

So when I went to the hearing, I'd also put in an objection and disqualification of the

They can go ahead and go to callers, but it was the administrative process of the disqualification

doing something before them and then at that point, obviously, you need to move for their disqualification because they're biased.

judicial misconduct complaints, and a motion for disqualification of the prosecutor and for

disqualification of a judge, well, I'm sorry, but you can't have that judge hold the hearing because,

the outstanding criminal charges against all these judges and address the motions for disqualification

the judge has a pending judicial disqualification. And she's not allowed to issue any orders

or have any hearings, any kind of proceedings at all while she's got her judicial disqualification

in January 2020. And they actually scheduled up a hearing for it. But then all this disqualification

is a motion for judicial disqualification and that needs to be

you put in a motion for judicial disqualification and the rules are

we were talking about a motion for judicial disqualification and that is

signed she took it upon herself to assign her disqualification motion to her

bury and she said well you you got a disqualification motion against judge

Saturday I get a an order from the court denying my disqualification motion so I

other motion for her own disqualification no the judge her

assigns judges to hear disqualification motions and I was on vacation and so I

disqualification motion she said you got an order yep can you send that to me

complaint. It goes to a motion for judicial disqualification. When you move a court to disqualify

we're just going to go ahead and do this. Your Honor, I move for your immediate disqualification.

He said, I move for your immediate disqualification, your honor, for bias.

that you do in that moment is I move this court for immediate judicial disqualification

case, or B, he has to take that motion for judicial disqualification and run it up the

Rule 18A, and 18B tells the grounds for disqualification.

There's a difference between recusal and disqualification in Texas.

So a judge can recuse himself when you move for his disqualification.

But if you move for his disqualification for bias, now he has to stop everything.

And James, I did have a question for you about this disqualification.

All right, so go ahead and move for his disqualification again in this case.

We'll take a look at rule 18A and 18B. 18B is the grounds for the disqualification.

18A talks about the disqualification and recusal. In Texas, they're slightly different.

I filed a disqualification motion against the precinct one judge after it got moved over there and he just denied it out of hand.

There are three things that go to constitutional disqualification and it's in the rule.

And then, let's see, underneath that, let's see, Section 11, disqualification of judges.

Have you moved for his disqualification?

because I had a disqualification motion against the precinct one judge

He can just deny the disqualification

Because James had mentioned that there's something about the JP, Justice of the Peace, is it's okay for him to deny a disqualification motion.

so that the Justices of the Peace are not, they don't follow that procedure for disqualification.

What are the grounds for disqualification? What's the process? A JP is accepted from this, so where's the one for a JP?

Well, you can follow the disqualification motion and you can deny it. So you can always do an interlocutory appeal.

But I'm not sure how these, I haven't read the status, if he's exempted from the Rule 18 grounds for disqualification,

they established constitutional grounds for disqualification, if the JP is exempted from that, don't know what grounds you could have to disqualify him.

for his own judicial disqualification so it wasn't the content of his ruling granted or denied

himself right if on a motion for refusal the judge can rule on that himself but not disqualification

I like the disqualification of the judge with a 25-page document that I wrote and filed and served the judge, okay?

It should have been a move for an immediate recusal or disqualification.

or may appoint an assistant attorney general to perform the duties of the office during the absence of the disqualified disqualification of the attorney's state.

So they didn't complain about it but that was just a flurry of not the initial flurry of motions like you think of but flurry of post judgment motions and one was a motion for judicial disqualification.

She took it upon herself to assign that in a disqualification motion.

She filed, assigned her associate to hear the disqualification motion.

And I said, as a matter of fact, I got an order from the court denying her disqualification

Isn't there something, does California have some rules about disqualification

Now that, but what I hit him with was a recusal, or I'm sorry, a disqualification

So recusal is one thing, disqualification is another

Disqualification is under 170.3 and it's for cause

a case brought before them, it's going to be accompanied by a motion for judicial disqualification

because of your motion for disqualification, the court still has that motion due to

Well you have to look up the rules of disqualification for Arizona and find out.

I go ahead and move for disqualification of that judge for bias.

disqualification it's not different in every jurisdiction but in Texas is

needs to be disqualified or not but disqualification in Texas is

different judge that will not go to disqualification it will go to recusal

and but not disqualification if you move to recuse and the judge refuses to then

of disqualification they they use the two terms in interchangeably

disqualification if you look it up it's it's it's real restricted well it I have

and we were talking about the difference between disqualification and recusal if

you file up for disqualification at least in Texas the judge does not have

discretion to deny the disqualification if you file for recusal then he can deny

disqualification or recusal does that make sense

yeah so disqualification is very specific in law everything else goes to

He's still hanging around trying to preside over the matter and he's got pending disqualification.

Or disqualification.

Disqualification is a lot harder.

I'm working up a disqualification.

That's what I'm working up, is a criminal complaint that says, see, disqualification is constitutional and it's very specific.

can't rule on their own disqualification.

They can rule on their own recusal, but they cannot rule on their own disqualification.

I just gave you a disqualification, and you just put it under your robe.

Because sometimes, like, let's say it's a disqualification of a judge.

the disqualification is handled.

serving on him a 170.1 disqualification for cause.

And you know, plaintiff has been subjected to ongoing retaliation for exposing the payments to the judges and demanding disqualification for cause

She said well we're going to continue because the disqualification that's set to be heard in February 2021

Really even though I put the motion of disqualification?

Look for the disqualifications, the issues that would disqualify a judge from being appointed and attacking on those issues.

and then I'm going to post all my emotions, the disqualification to help people, because I guess it worked.

And the last one was a motion for judicial disqualification.

What do you think, what happened when she got a motion for her own judicial disqualification?

This motion is not really one for you to render a ruling on since it's your disqualification that's fought here.

I need to go ahead and move for judicial disqualification as if I didn't know the whole time.

that I'm confusing, it's all confusing in the motion because disqualification and recusal

Yes, disqualification is generally constitutional, it's very specific.

Constitutional is just, can be just the appearance of bias, but disqualification is, generally

to take a look at the differences between recusal and disqualification in California

a motion for judicial disqualification, for bias. Okay. Then you look at the records,

to do with disqualification in the case.

Oh yeah, that's the same judge that also ruled on his own disqualification in the moment.

Judicial motion for judicial disqualification and he said denied.

And whenever there's a disqualification, they pull from one place or another or even get a

retired judge in to handle things. So the motion for judicial disqualification has to get handled by

But he cannot deny his own disqualification. That's the one he has to go to the administrative

judge in the district. Right. So I move for disqualification. Now he can recuse himself

of his disqualification. And he only has three days to do that. He can't just sit on it for a while

I do remember seeing a disqualification section, but some people say, I mean,

As soon as that happened, I motioned for a disqualification and recusal.

to those, whether it was a disqualification or a recusal.

In Texas, they always try to recategorize your disqualification as a recusal so that

that was a disqualification, and you're not allowed to deny the matter of your own disqualification.

The only reference to disqualification is a reference to a single judge who is disqualified.

And there was nothing in there about disqualification, except it mentioned one judge was disqualified

Disqualification.

Disqualification. All right, gentlemen. You all got one segment left. I'll let you get to your last caller. I appreciate your time.

On that disqualification, for anybody who's wondering, you would take a look at the Texas Rules of Civil Procedure, and it's Rule 18A and 18B. I'll tell you all about that when you follow along there.

And a motion for judicial disqualification for bias.

So if I, you know, certified return receipt request, motorized disqualification, and she's

If she's got a motion for disqualification in front of her, she can't rule on it and

say, you know, I deny this motion because she's the one for whom disqualification is

Well, I've already thrown her off the bench with a disqualification.

I wanted to let you guys know that I did file for notice of disqualification of the judge.

But what do you see? What is the disqualification rule in California?

And I'm really bringing this into my, you know, my disqualification papers.

She has a book out that says, and I put a quote in here in my disqualification of the judge,

In California is there, what's the procedure when a judge's disqualification is sought,

he took the exact wordings, well I put that in the, you know, disqualification where he

a judge, you put in the motion for judicial disqualification, number one, he can't rule

feet to the fire, because he can't rule on his own disqualification, that's ridiculous.

denying my disqualification

on my disqualification, not disqualification

Then his disqualification, he denied the next day

and then regarding the disqualification for appellate for him

Disqualification for appellate justices is a decision made by each justice alone

statutory grounds for trial court disqualification are not applicable to appellate court judges

but Canon 3E4C requires disqualification

And then put in a motion for judicial disqualification.

But you still got to write me an affidavit for judicial disqualification.

I filed a further request to disqualify the judge with those supporting affidavits because Canon 3E4C requires disqualification when circumstances are such that a reasonable person aware of the facts would doubt the justice's ability to be impartial.

So it's just a little chicanery going on. So I'm now in the process of sending a supplemental to the judicial commission asking for the judge's impeachment and disqualification because he's, you know, he's violating the judicial canons of ethics.

Then they denied his own disqualification. And even after we submitted eight affidavits,

would be disqualification because the constitution doesn't allow a judge to work past a certain