Judicial Bias and Ways To Combat It

A hearing in your case is on the court’s docket. You’re going to meet the judge and argue your motion, or fight a motion from the other side. But like most of us, judges have implicit biases. She may not like your age or gender or ethnic group. He may not like your tattoo or hairstyle or accent. These things should never matter, but they do. Courts have recognized it. Some judges take courses to combat it. The fact is that judges often make decisions that aren’t fair or legally correct, for no good reason. There can be bias even when a judge is no respecter of persons. For sure, when one or both parties are in court without a lawyer, you can expect to see judicial bias. The judge wants that case off the docket for good.

In a recent guest post on Richard Zorza’s blog, LawHelp Interactive’s Claudia Johnson noticed a hopeful trend where appellate courts had reversed decisions that failed to demonstrate due process for pro se litigants. An appellant arguing on due process grounds usually has the burden of proving it, but these appellate courts appear to have placed the burden of proving due process on the respective trial courts, at least where the appellant was self-represented at trial.

In a New Jersey domestic violence case, the judge entered a final restraining order after denying the defendant a right to cross-examine his former girlfriend, the plaintiff. The man floundered a bit on the judge’s questions, and the court took his reticence as an admission of the plaintiff’s allegations. An appellate court later found that the defendant’s right to be heard had been violated. The court cited an earlier ruling by the state supreme court to express concern for pro se litigants:

Many litigants who come before our courts in domestic violence proceedings are unrepresented by counsel; many are unfamiliar with the courts and with their rights. Sifting through their testimony requires a high degree of patience and care. The pressures of heavy calendars and volatile proceedings may impede the court’s willingness to afford much leeway to a party whose testimony may seem disjointed or irrelevant. But the rights of the parties to a full and fair hearing are paramount.

Paramount. That’s not something your average trial judge wants to hear. All day every day, judges try to clear the docket of cases where self-represented litigants may be slow in arguing the right law or using the right procedures. In this case at least, a New Jersey appellate court cried foul.


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In California, a “commissioner” play-acting as a judge issued a restraining order to stop a woman from posting derogatory online comments about her ex-boyfriend. Despite signs in the courtroom informing parties of the right to a real judge, a California appellate court reversed the decision because the woman hadn’t been asked — and therefore hadn’t agreed — to have the case heard by a commissioner.

The presiding judge on the California appellate court found the use of lower-level judicial officials unconstitutional without the actual consent of all parties. This placed the burden of gaining consent on commissioners, something especially important for self-represented litigants who wouldn’t know to object. In her guest post, Johnson expressed hope that these opinions would remind courts not to rush cases involving pro se litigants:

The willingness of [appellate] courts to reverse trial court decisions should remind judges to be attentive to what the party without a lawyer is asking for and to not go on with “business as usual” mode where moving the cases becomes an objective in and of itself and the implicit bias by the judge or process is not checked. If judicial training on how to manage self-represented litigant cases is not enough, reversal by [appellate] courts might get the attention of judges working in large [self-represented litigant] dockets.

But the thing is, moving cases off the docket is what judges are paid to do. Judges don’t want to hear cases involving self-represented litigants precisely because it takes too much work. Pro se arguments can also be boring and even infuriating to top legal minds. Judges want to talk to law school graduates in their courtrooms. They don’t like having to interpret the sometimes misapplied law and legal terms used by self-represented litigants. To make matters worse, the rules aren’t always clear as to how a judge should look out for the rights of self-represented litigants, or how far they can go to help us without violating the rights of other parties. So they’ll find any excuse to finish off a case where a self-represented litigant is involved. If a judge can find a way to get us off the docket, he or she will get us off the docket.

We as self-represented litigants must understand that we can’t give a judge that opening. Let me make it plain. Any judge worth her salt wants to be working in complex litigation. She wants to decide a corporate securities case or an insurance case, something serious with BigFirm lawyers and millions of dollars at stake. No judge wants to figure out what a pro se litigant means by “summary execution” or “motion to severe” or those many other terms we might use that miss the mark. He doesn’t really care what the legal positions are — there’s usually no bias in that regard — but he does care how much of the court’s time we’ll take.

When your judge discovers there’s no lawyer on your side, he or she hits the bench prepared to find a way to kill your case. And that’s usually not good for you. So you want to go to court armed to fight the judge’s bias. Use legal terms that make sense. In fact, don’t use a term unless you’re sure you know what it means. Plain English is better than misapplied legalese. Prepare a simple, straightforward argument that addresses the relevant legal issues. Take a court reporter. Be respectful but firm with the judge, so he understands that you understand he’s not the last word on anything.

Otherwise, chances are she’s going to be daydreaming about that big, juicy medical malpractice case she’d rather be hearing, one worthy of getting a black robe dry-cleaned, one that doesn’t get the attention it deserves because your puny little case is taking too much time.

The best way to prevent a judge’s bias from killing your case is to anticipate it and prepare to overcome it. Cross your t’s, dot your i’s, and cover all the bases to ensure the hearing doesn’t end with the loss of your case. The judge is just another lawyer in the courtroom. Go to court ready to defeat all the lawyers in the room. Has a judge wrongly and abruptly shut down your case? What could you have done differently? Share in the comments below.

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Joseph Freije
June 1, 2023 1:00 am

District 2 in Maui Hawaii, a judge declared that a man who denied, then admitted to at east 6 forgeries and created/submitted an admitted to be FALSEly created “permit,” (FRAUD) and an illegally STAMPED house plan, did NOTHING WRONG!!! And he awarded the lawyer of the forger over $130,000.00 in legal fees to be paid by the VICTIMS of the forgery and FRAUD and illegal permit. And the misconduct in the matter does NOT stop here. I have a 14 or page or document about this matter if you care to examine it in confidentiality. I can send it to you by email attachment if you like.

Elatisha Bourne
Reply to  Joseph Freije
August 17, 2023 12:29 am

Good evening. Would like to know what you think about my case in Family Court. I lost custody of my child recently, because my presiding Judge was more in favor of the Department of Social Services. I was not able to fully plead my case, and important evidence was not allowed 9n the record. The plan in the beginning was to return child to parent, but after the appeal agreed with the Judges decision. Now, there was no more talk about returning child to parent. On, record the Judge has made reference to the prosecutor that he agreed with them and that they were together in deciding how they ( meaning The Department of Social Services) should handle my case. For 3 years I’ve fought with them , and no matter what I said. I was lying, according to the Judge, but yet he did not allow me to tell my side of the story. What can I do? Need to act fast.

Sandra Lee
Reply to  Joseph Freije
November 10, 2023 11:37 pm

Please email to me your 14 page document about this matter as I would like to examine it in confidentiality.

I, too, have experienced corruption by 2 Maui judges.

Donna Cattanach
September 8, 2023 12:52 am

Hello, I must be a textbook Pro Se “……get this case off my Docket !”

I’m Pro Se on an Age Discrimination and Egregious Harassment lawsuit. I also have a year’s worth
of documented evidence. My Pro Se case is at the two year mark.

I missed my Opposition to Dismiss filing deadline, I did make it late. I filed a 1 page Errata explaining
“Excusable Neglect, Beyond my Control ” events.

HOLY MOLY !!I The Judge filed an “Order” characterized by intimidation, insults and imperious directives..

After 3 weeks of working on a Misconduct Complaint, BINGO ! OF COURSE, HE WANTS ME TO COMPLAIN,
SO HE CAN BE REPLACED and get my case off his Docket….hence the outrageous Order.

First, I want revenge and will not file a Complaint. Also, due to the LONG processing time of the Circuit Court, I want to file a Motion to Recuse. However, as I understand it, I can’t use content from
his “Order” as proof of his Bias/Prejudice. Nor can I assail his Order as proof of his Fraud. Defendent lawyers certainly know what the Judge is doing.
Aren’t they liable for not reporting the Judge’s “ploy” ??

Do you have any ideas for me ? I’m open to all advice.

Many thanks,
Donna Cattanach

(Errata: Pacer rejected my PDFs 4 days to fix my files, my laptop was hacked,
my printer failed to connect to my internet signal. FINAL BLOW ?? I was so upset,
I totalled my vehicle. I have no funds nor credit to replace it.)

Mike
Reply to  Donna Cattanach
December 18, 2023 9:37 pm

Have you ever heard of gang stalking. When everything that could possibly slow you in a case happens all at once. There is a very very very big chance it’s not a coincidence. In my life it’s usually never a coincidence because I’m a target for whatever reason . But they make me look nuts because nobody believes any of it and if I reach out for help I’ll be labeled crazy and then will become an even bigger target for their pathetic game they like to play.

Watson
September 13, 2023 4:55 pm

In my case, being so dissatisfied with a long unfulfilling association with what appeared to me as an incompetent or ’employer leaning’ EEOC, I filed a claim with the unemployment bureau first instead of filing a complaint with the agency. During the OBES hearing, the Defendant supported it’s for ‘just cause’ with a clandestine but ‘partial video’ from a coworker who incited an argument to occur between she and I. The video was in that record only. After being denied benefits, I moved on to file suit in Common pleas, although I had previously objected to the video as “hearsay out of context” and “prejudicial” the Appellate Court judge affirmed the ruling in the subsequent appeal and mentioned that “the ‘partial video’ was enough.” In the subsequent complaint dismissed in Common pleas the same Appellate Court judge (did not recuse) and mentioned the video even when the video had not been produced for the record in the lower court’s decision and cited other information outside the justification in the lower court’s ruling. I filed the case in the Supreme court. The SC elected not to take jurisdiction…no other recourse though I argued the Appellate Court was prejudicial. #PROSEELIMINATIONBYANYMEANSNECESSARY.

Kimberly Johnson
September 19, 2023 1:24 pm

The judge in my case drug our hearing out over several small hearing over the course of a year. He allowed the defendant’s attorney to improperly serve me 4 times. He threw out the evidence but then adjourned the hearing so they could bring in the person that the evidence was based on. I also had a video that the Defendant produced thrown out as hearsay as they didn’t have any witness that was present when the video was shot. Well during my own testimony I tried to submit evidence of what I personally saw in the background during a FaceTime video with my child. He told me it was inadmissible and when I asked why he literally yelled at me “because I said so, I didn’t let them use their video and I’m not letting you use this”. Let me say that this was said when we were on a VIDEO zoom hearing! If his legal finding is correct and that something seen on a video conference is inadmissible wouldn’t that make our entire case not legal as it was on a video conference? I raised our son for 16 1/2 years while he only had less than two months a year visitations for 10 years and somehow I’m now a bad mother. Although I have an accounting degree, work as a pastime substitute teacher, and am a stay at home mom the rest of the time. Heck my fiancé is highly regarded and even has his own personal keys to the Michigan governor’s office! The judge used one incident of domestic violence that happened years ago and which I filed for and obtained a PPO against the person and he never set foot in my home again. Also I have a severely autistic child that is on a 6-7 year old level that had gotten in trouble for exposing himself in our front yard. That was dropped and the boy was grounded and had no other episodes. The last is that our 19 year old son had some behavioral problems with his girlfriend but had never had any issues with his brother and had always lived with him. Now the 17 1/2 year old is around strangers and wants to come home but the judge is refusing. The boy’s therapist doesn’t want him at his fathers home. I filed for change of custody and the clerks office put our case in front of a referee instead of the judge. When the judge found out he accused me of shopping around and said it was only being seen in front of him and his office would set a new date. As of now I still haven’t heard from their office. I did file a new motion because the boys father is trying to not send the boy home for Thanksgiving. It’s ridiculous. I’ve had my name repeatedly drug through the mud for years. The father makes over $15,000 a month and has filed every year for 8-10 years using the courts to abuse me because I can’t afford an attorney. I’m in that middle ground. Can’t get a free attorney and can’t afford one. I’m a 100% disabled veteran.

Joshua Scott
Reply to  Kimberly Johnson
October 15, 2023 5:48 am

Here in California if you’re in family court and the opposition has an attorney and you cannot afford one, they have to pay for your attorney or demonstrate why they cannot. Clearly, that would be very difficult for someone making the wages you say they do. If they can prove that they cannot afford an attorney for you then there are pro bono attorney’s available at the law libraries that will represent you since representing yourself is unfair to you. It’s like running a race against an Olympic sprinter; average people wouldn’t stand a chance.
Check with the facilitators office at the court house, they should be able to refer you to the volunteer lawyers over the phone. The pro bono lawyers may be green, they probably will not give you the attention you’d get if they were paid, but it’s better than going it alone.
Good luck.

Marlow
Reply to  Kimberly Johnson
March 27, 2024 1:34 pm

I’ve been in a similar situation. Ongoing legal issues with my co parent , custody and child support court several times. I’ve had attorneys but can no longer afford one. I had no clue what my rights were or that they were even being violated until I really started fighting back. My ex was in the military for a long time and retired very high ranking. He just recently retired purposefully because they were going to increase his child support and denied him sole custody the 4 times they allowed him to file🤦🏻‍♀️. It’s scarey seeing how incompetent the system is. How unfair and complicit they are in the completely inadequate procedural process. I’ve been lied about in court by both my ex and his lawyers. Even provided concrete proof when I reported his attorneys to the board for perjury and defamation , and was told there was no wrong doing. My rights were trampled on during a hearing officer conference when I HAD a very seasoned attorney. He said he had never seen anything like it. I brought hundreds of pages of messages outlining all the lies and contradictions and she refused to even look at it. I wasn’t allowed to speak without being vehemently interrupted. His attorney even yelled at me to “ shut up!” During the conference and it was allowed!! I felt so defeated but I kept fighting. His custody motions were denied only because I insisted on refusing to allow that same hearing officer to hear our case for a second time and demanded a different one. The one I got was reasonable, fair and logical. But I couldn’t afford an attorney for child support issues. He used the solider card every time. He’s well spoken and charming and I’ve seen him literally be able to seduce the judges. If they only knew!! The courts have no idea how to spot a narcissist and they play into their need for drama and have no inkling what financial abuse looks like. I was clearly being harassed via the legal system and they did nothing. Finally approved my request for a parenting coordinator but reduced my child support and allowed him to pay his arrears over time which did not help me. The DA slipped up and said the judge had a son that was deployed and it’s obvious she was bias. He absolutely had the means to pay the arrears in a lump sum which is what I needed after him not paying for so long. It’s impossible to keep dcfs updated because you can never get a human on the phone. It takes so much longer than it should just to interact with someone who is supposed to be there when I need help. It’s just a cluster fuck and when you’re poor the system is designed to work against you. I’m in the middle ground too. Too much to I qualify not enough to afford. He’s gotten away with so much it’s unbelievable🤦🏻‍♀️. I’m
Still fighting and I won’t stop but this has consumed my life for far too long and it only hurts me child. I absolutely see why women and children die every day.

Cynthia Goodie
November 9, 2023 2:52 am

I had a small claim court case and list it when I got to the court early the defendant lawyer was their I did not have a lawyer the judge wanted me the plaintiff and the defendants lawyer and the two defendant and one witness to go into her office for a meditation what the offered I didn’t want it so I wanted ro continue with the jury trail the jude did not car about my evidense i know and truly belive that my evidwnse was accurate example my car is in a recall for it has went into seems maintenance twice it was in the shop at the car dealership thrusday at I got it back the next day the car dealership said they check for the recall and my car was not one of them the very next day I checked twice on their website and put my Vin number in and it is still on recall they are still continously doing deceptive pratice my Warr ends next month 3 days of driving my car and it’s broke again this is awful when a company is so big where a lawyer wont help or dmv or occc cause of the company amount of money what do a person do just let them jeep harming them

Yvet
November 18, 2023 10:35 am

Hello I have a trial set.bob a custody case. the judge removed my child based on the word of the GAL only then rule that I or my chosen attorney have to be ready within 2months on an already set trial with set dates. No lawyer wants to represent me. The GAL has been biased since the beginning of the case. What can I do?

Christopher Moreau
November 28, 2023 7:57 pm

Here in Florida the cops can arrest you for DUI even if they don’t see you operating and the officer refused to take blood and filed a referral to submit to a breathalyzer suspending my license immediately. It was my understanding in DUI cases they need two things. Operation and proof of blood alcohol as the burden of proof is on the state. The judge has dismissed my motions and has allowed the state to violate my 14th amendment right to not abridge my privileges immunities. As the state is the victim all witnesses are state contracted agents and the states attorney is trying it I’ve told the judge it’s a conflict of interest to be ignored and dismissed as he clearly has prejudicial bias. All parties involved other then I are paid by the state it’s absolute judicial misconduct it is deplorable.

April Clark
December 21, 2023 7:27 am

Corruption Conspiracy to Commit Grand Theft and Criminal Conversion by vexatious litigators and lazy Judge
Columbus Ohio Franklin County Court of Common Pleas 22CV007866 Frivolous Improper Interpleader on $15,028 where rightful owner was known following Title VII Civil Rights Act of 1964 federally grounded employment discrimination EEOC 532-2022-02705 charge. Lawyers & Judge devised plan to rob black nurse of her $15,028. Go see all consolidated cases it’s ongoing crime coverup: 22CV008947 & 22CV008936
CVS HEALTH PHARMACY, CVS HEALTH CORPORATION & subsidiary companies got in cahoots and collusion by way of its counsel with SPITZ LAW AND LAZY JUDGE Chris Brown AETNA RESOURCES LLC is tortfeasor in race and disability employment discrimination with EEOC mediation settlement results in full force fight and crime by Judicial System and it’s agents. These are criminals and menaces to society. Above the LAW example. Judge ignored all motions and pleadings for a whole year on purpose in a case that he knew was Frivolous and where property was stolen and never safeguarded. A law firm claimed they had a lien but lied, no lien exist and misappropriated funds remained in hands of tortfeasor AETNA. The Judge ignored the Motion to Deposit stolen money in court registry and a company other than AETNA RESOURCES took the seized without consent funds and paid CREDITOR SPITZ LAW $15,028 without legal grounds or authorization. CVS HEALTH PHARMACY INC has different EIN number than Aetna Resources LLC and they created a remittance advice pretending that SPITZ was a vendor or customer of theirs and paid them directly. CVS HEALTH PHARMACY has no direct obligation to Spitz yet paid them EEOC charging party property per EEOC MSA and GENERAL Release Settlement Agreement. The court Judges Chris Brown and Michael Holbrook are sealing the MSA SETTLEMENT AGREEMENT AND ignoring MOTIONS to UNSEAL and not considering it as MATERIAL FACTS where a JURY DEMAND EXIST. Lazy Judge Chris Brown bypassed JURY DEMAND and found SUMMARY JUDGMENT to mask the crime, deprive rights under color of law.

Jeremy
January 11, 2024 10:12 pm

I’m finding a no contact order My ex put a no contact order she submitted three versions of proof The first two were cases against me that were dismissed and that I was exonerated from which means that actually she actually discredited herself by trying to submit it as proof The third was text messages that were fabricated by her and I submitted a text messages I still have on my phone that proved that her text messages were fabricated because she sent text messages admitting and apologizing for making up the text messages that she had made up later on she signed a document as a response to a motion for revision when it comes to the no contact order this document has a perfect signature that matches the signatures that she’s made in the past and therefore approves that it was her signature she denied it being her signature and when she denied it she signed a piece of paper that shows that she is purposely trying to change her signature to a new signature this also discredits her I also have voicemails that prove in her own voice after the no contractor was approved that she is mocking the court and making fun of the fact that she has a no contact order on me but she’s clearly not afraid of me since she’s contacted me and leaving voicemails My attorneys are afraid that because this female judge is so biased in such an obvious man hater that there’s no way that I can win possibly even though all the evidence has been on my site since day one when we asked the judge why she had already agreed with the no contact order before the motion for revision she said it was because of the preponderance of evidence and that she believed that the person who put the no contact order on me was more credible despite the fact that the person who put the no contact order on me had lost all credibility based on all the evidence so far both submitted by me and by her! What can I do to fix this My attorney says it’s not possible to get a new judge or to request for a new one is that true is it really impossible to request for a new judge when a judge is so obviously biased against men?

Susie strunk
January 16, 2024 7:02 pm

I JUST walked in the door from a morning in court with my 31 year old daughter. She’s been stalked by a creep in her complex. He has sent numerous unwanted text and voicemail messages to her and her friends and family. He’s blatantly stalking her and actually presented a “log” of her coming and going… complete with times and dates.. to the management of her complex. He does this through his peephole, as he has no windows! He says he has reported her to CPS on many occasions. He wrote an email that said he was going to “get” Mia, her toddler, and set up a little “room for her in his place with her own bed and toys”. He threatened the baby’s dad with a message saying he has a gun and he’s not afraid to use it.
NONE OF THIS was heard.. she was TOLD, by the judge to go sit with advocates in an adjacent room. They are retired and untrained senior citizens. All that happened is MY DAUGHTER was warned to avoid any contact with him AND he was told the same.
My daughter is a beautiful, hard working single mom. She just finished receiving her certificate of Phlebotomy. She wanted nothing to do with this guy and she told him that from day 1 when he started advancing her.
He sent me several disturbing messages on Facebook.. and I don’t even know him. He continues to push the fact that he has called CPS on her because she lets Mia see her dad. The dad has a history of drug use, but is never using when he is around my daughter or me. He has a car and a license and is not restricted from seeing his daughter.
The court session succeeded in doing EXACTLY what this article said would happen. The judge MADE her go to the advocates and told her that if she wanted to stay after that and be heard that it would be “an incredibly long wait”. She had to pickup Mia from daycare so she couldn’t.
No justice here. And she just wants to give up! They won.

Vikramkumar J Shah
January 23, 2024 3:07 pm

Judges are not just biased, but sometimes corrupt too. A case was filed as a Pro Se as attorneys were not ready to take up the case, in Texas in an employment discrimination, whistleblower complaints, and retaliation case, beside huge cyberattacks and financial losses, involving three different lawsuits, including one abroad. The judge was supposed to send the Pro Se n order to serve the defendant, but did not do so for one year. And then after one year she sent the order to serve the defendants to a wrong address and dismissed the case and ultimately disposed of the case, because the defendants were a powerful multinational company. Even they did not bring the case back in spite of doing every formalities on time. US court of appeals is investigating. They bypassed the magistrate judge who is alleged to have taken a hefty bribe! The district court judge filed a motion for miscellaneous relief. I have requested for complete reversal of judgement in a $90Million lawsuit.

V Rosado
March 9, 2024 6:36 am

After 7 years of suffering and still ongoing pain and medical treatments and future surgery. I was only awarded medical bills, no pain , future, loss of wages and accident left me handicapped and unable to work. 4 surgical procedures and also made and asymptomatic Arnold Chiari become symptomatic and need to use a wheelchair to go long distances. Find out the day of judgement that my lawyer waived my rights without asking me or even explaining that will happened after he told me under pressure that a bench trial was a better outcome in my case because other party plead guilty on my premises liability case and that the judge was going to use my medical records with a better understanding than a jury to award damages but I find out he waved that too, now of my legs have injuries and my upper back after accident and won’t be able to walk, sleep or sit properly for the rest of my life. I have also been seeing mental health professionals all this years, because I suffer from Major Depressive Disorder and Anxiety, with this accident adding panic attacks and sky high my depression that I can hardly function. My English is very limited when comes to legal issues. What can a do to get the judge to revise award, because the other party plead at fault on liability and supposedly was only a matter or reward amount and the amount she gave me only covers medical bills that I also have a lien for 183,000.00