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Re: [tips_and_tricks] Can a prosecutor represent a judge??

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  • Robert Riggins(C)
    You may consider a RICCO action against the judge and prosecutor ... From: tips_and_tricks@yahoogroups.com Date: Thursday, July 03, 2003 12:37:03 PM Cc:
    Message 1 of 4 , Jul 3, 2003
       You may consider a RICCO action against the judge and prosecutor
      -------Original Message-------
      Date: Thursday, July 03, 2003 12:37:03 PM
      Subject: [tips_and_tricks] Can a prosecutor represent a judge??

      How did you file a criminal complaint against a judge? It's extremely rare

      that any prosecutor would consider pursuing such a case unless there was

      absolute proof of money changing hands (bribery). Of course anyone can go

      file a complaint with the police but that doesn't mean they'll do a damn

      thing about it.




      As to how:  There was a statute and a rule that provided anyone could file a criminal complaint with the court charging the defendant with anything other than felonies.  Service could be affected by any disinterested third party.  I never got a court to issue the summons.  I know for a fact there was a lot of talk about what I was doing behind closed doors.  One judge commented, “I see what you’re doing.  You’re going to go through every judge.”  Well, yes, every one until I found one with integrity that was unbiased.  The legislatures repealed the statute because I and others I taught were making extensive use of it.  The Supreme Court didn’t change the rule so that is still available.


      I anticipated non-action on the criminal complaint.  What I tried to create was the impression that I would stop at nothing to accomplish my end.  I wanted to put fear in the judge over the mere possibility that the complaint would end up in front of a prosecutor that had integrity enough to prosecute the judge resulting in embarrassment of a career altering nature.  Here, there were two judges prosecuted for misappropriation of funds they received for performing weddings.  Both were acquitted.  That put the judges on edge.   In Colorado , it's enough to show the appearance of bias.  In one case an attorney turning a judge in for discipline to the Supreme Court was sufficient to show the appearance of bias and to cause the judge to be required to recuse.  The same effect can't usually be accomplished with a civil complaint for damages.  Here it has already been held that the only way a civil complaint against a judge for damages biases a judge enough to require his recusal, is if there is a reasonable probability of success on the suit.  How often is that going to happen?  I did have a judge recuse over a civil rights complaint asking for declaratory and injunctive relief against him.  Is it all making sense now?  Bear


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