Orders Entered in Violation of Rules of Civil Procedure By New Judge
- I am looking for suggestions for my next move with regard to a judge
who entered orders in favor of a "corrupt court appointed attorney"
without following the Rules of Civil Procedures and for tips on how to
get the judge to grant me an opportunity for an evidentiary hearing so
that I might expose how the court appointed attorney violated the law.
The court-appointed attorney is a lackey for the court and seems to be
untouchable. I am in the state of Colorado,
My adversary, the court-appointed attorney, filed a motion for fees
and costs for "having to" participate in the Court of Appeals to
"defend" an order the court entered against me for the attorney's
fees. (The attorney was not a party to the case. The attorney
requested attorney fees in the Court of Appeals, and was denied. So
the attorney went back to the district court and requested fees there.)
I filed a Motion for More Definite Statement of the attorney's claim
for fees requesting the attorney to clarify some of the statements in
her motion. I needed clarification of some of the statements in her
claim before I could properly file a response. In my Motion for More
Definite Statement, I also requested the court hold a hearing
regarding the issues.
The court denied my Motion for More Definite Statement and entered an
Order for me to pay the attorney's fees in the same order.
Procedurally, the court erred. The Rules of Civil Procedure require
that the court must first either grant or deny a Motion For More
Definite Statement----and then should have given me 10 days to file a
Response to the Motion for Fees.
I filed a C.R.C.P. Rule 59 motion requesting the court vacate the
Order¡ and grant me an opportunity to first file a Response to the
Motion before entering any Order. I again requested the court grant
My motion for an evidentiary hearing. I also requested that the Court
enter an order that was based on the facts of the case and the law¡ Or
Else transfer the case to a judge who would.
The judge recued herself¡ and transferred the case to a new judge. The
new judge "partially granted" my Rule 59 Motion. In the judge's
"Order Concerning Respondent's Verified Motion for Relief Pursuant To
C.R.C.P. Rule 59", the judge denied my Motion for More Definite
Statement, but did grant me 10 days in which to file a Response to The
I filed a Response, Affirmative Defense, and Counterclaim against The
Attorney. My counterclaim was based upon the fact that the attorney
violated the law, violated the Chief Justice Directive, and violated
Several Rules of Professional Conduct. (I gave examples of the
violations.) I requested the court enter an order requiring the
attorney to reimburse me all of the fees she had collected as a
Sanction (Per C.R.C.P. Rule 11) and ¡ §13-17-102 (groundless and
frivolous motion) for her violation of the law, Chief Justice
Directives and the Rules of Professional Conduct, plus costs and
damages for having to defend against the attorney's groundless and
The attorney did not respond to my Counterclaim within the 20 days
permitted to file a Response. C.R.C.P. Rule 7(a) requires a reply
to a counterclaim. "There SHALL be a complaint and answer, a reply to
a counterclaim denominated as such, and there MAY BE a reply to an
affirmative defense."(A reply to an affirmative defense is permissive.
By failing to deny the averments in my counterclaim, the attorney
effectively ADMITTED TO the averments in my counterclaim. C.R.C.P.
Rule 8(d) states: "Effect of Failure to Deny" states: "Averments in a
pleading to which a responsive pleading is required are admitted when
not denied in a responsive pleading"
A few days ago, the new judge entered an order "Concerning
Respondent's Motion For Relief Pursuant to C.R.C.P. Rule 59" (The
same title used earlier when granting me an opportunity to first
Respond to the attorney's Motion For Fees).
The new judge ignored my counterclaim, and affirmed the same orders
the previous judge entered before I got a chance to file a Response.
The Order stated, "The Court, having heard ample evidence find that an
evidentiary hearing is not necessary to grant the attorney her
fees"(This was a new judge; we had never appeared before the judge¡
the judge could not have possibly "heard" any evidence because the
court denied my motion for an evidentiary hearing.)
The new judge---or even the first judge doesn't have a clue as to what
this case is about. I want to have an evidentiary hearing so the
judge will clearly understand how the attorney violated the law¡. Etc
¡ and will hopefully report the attorney to the Attorney Regulation
Counsel¡ and the dishonest attorney will get disbarred. I made
numerous motions for the court to grant me an evidentiary hearing¡ but
the court always denied my motion for hearing. When I contacted the
court's cler to get several hearing dates set¡ I was told that "the
judge will decide whether he/she wants a hearing. If the judge wants
to have a hearing, I will let you know. The Colorado Supreme Court has
ruled, "When a party requests a hearing regarding attorney fees and
costs under ¡±13-17-102, the trial court MUST conduct an evidentiary
hearing." In re Marriage of Aldrich 945 P.2d 1370 (Colo. 1977)
I need to know what my next step should be¡ .Should I file another Rule
59 Motion requesting the court vacate the most recent order and to
grant an evidentiary hearing, while pointing out the court's errors in
not permitting an evidentiary hearing¡ and by entering an order
without requiring the attorney to respond to my Counterclaim? I
figure since she failed to respond to my counterclaim¡ she effectively
admitted to the averments and I should win by default.
I feel there is favorable bias towards the attorney because the
attorney appears before these judges each week and she accepts "court
appointments"; .and I am just a lowly pro se that has exposed the
attorney's illegal acts. The court stymies me by refusing to require
the attorney to provide a more definite statement so that I can
Properly respond to her motion¡ then denies me an evidentiary hearing¡
.and then enters orders in favor of the attorney without requiring the
attorney to file a response to my Counterclaim.
I am stumped¡ does anyone have any Tips and Tricks with regard as to
what my next move should/could be? I only have about a week left to
file some sort of Motion.
I am sorry that I do not have any money or other items that I can
offer the group to pay for any tips with this issue, however, I can
offer the website address of a free, neat little program that will
remove all of those annoying "carrots" ( the >> and the <<) from email
messages that Bear hates to much.. Even if you can't offer any
suggestions, I'd be happy to provide the email address if you let me
know that you'd like to have it!