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Re: Legal question MI idiot judge problem ? John T help?


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Posted by John T Country Lawyer on December 12, 2009 at 21:19:37 from (66.244.97.31):

In Reply to: Legal question MI idiot judge problem ? John T help? posted by jdemaris on December 12, 2009 at 12:13:23:

JD, Sorry so late gettin here I went to a local Bluegrass Jam as Im a newbie banjo player wannabee and stayed till the last dog died.

I HEAR YA BEEN THERE DONE THAT I fought the federal Govt 8 years and I had to give up.

Heres my response, its late but Ill give you my best short answers;

1) OKAY in Indiana if an elected or appointed official refuses to do his job you have to bring an action of Mandamus to get a court order requiring them them to do it buttttttttttttt Im sure you realize its tough to get one judge or any officials or lawyers to force another (they play golf with) to do anything.

2) As far as any complaints, here you can file one with the Indiana Supreme Court Disciplinary Commission (against say a judge or an attorney) andddddd they actually do take them serious and you do get a hearing in which you can plead your case , but again its lawyers against other lawyers and they hang together

3) Many statutes which address notice and hearing times have the penalties for failure to comply tacked right onto the statutes, but if not usually at the beginning or end of a statute section or title or chapter etc you will find what remedies are available. Its often hard to find what sanctions or penalties are available but when a statutes calls for an affirmative action (such as notice) SOMEWHERE theres got to be a statute addressign penalties or sanctions for failure to comply SORRY I HAVE NO IDEA NOR ANY MICHIGAN STATUTES but your as well qualified as myself to research that on the net or wherever Mich statutes are available

4) ANOTHER CAVEAT.......Heres how the state will respond, heres their out and defense, ITS THAT YOU WERE NOT HARMED OR PREJUDICED so they will argue, "no harm no foul" i.e you DID NOT suffer any wrong or receive any adverse judgment THERE WAS NO DECISION and as youre aware your inconveniencve dont mean a hill of beans grrrrrrrrrrrrrrrrrrrrrrrrrrrrr For sanctions or severe penalties to apply for failure of notice etc type statutes THE PLAITIFF MAY HAVE TO SHOW HARM OR PREJUDICE and since you didnt get any unfavorable decision YOUR CLAIM WILL LIKELY FAIL


SOOOOOOOOO any mandamus action will likely fail (your werent harmed or prejudiced, there was no unfavoravble decision) BUT EVEN IF ITS FRUITLESS if the state has any sort of complaint process (like Indiana to the supreme court displinary commission) Id still pursue that FWIW

WISH I COULD BE MORE HELP I enjoy your posts and help to myself and others but all I can do is tell you how things work down here. Im sure you already figured that but it still helps to rant sometimes lol

John T BSEE, JD Atorney at Law


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