Monday, October 6, 2014

A complaint was filed against Judge John Weidman, Oxford Town/Village Court, NY

Just filed a complaint against judge John Wiedman, of Oxford Town/Village Court.


I made a motion to recuse the judge in a criminal case, based on my personal knowledge and affidavits from two witnesses, about judge's ex parte communications, history of misconduct with defendant's brother and disrespectful behavior toward me.


The judge had an opportunity to recuse without any statements, that is what judges usually do when they recuse.


This judge was different.


He waited until I came to argue the motion, ordered me to argue only the portion of the motion to recuse out of the omnibus motion (several motions in one, as required in the criminal case), then repeated my claim that in view of evidence of judge's disrespect to me my client cannot obtain a fair trial from this judge, CONFIRMED that the judge did not respect me, and stated on record that "one gets respect that one deserves".


With that, the judge NEVER DENIED what was in the sworn statements in support of my motion to recuse.


Rules of judicial conduct MANDATE judges to respect attorneys and parties appearing in front of them.


If the judge cannot abide by that requirement of respect, he must recuse - and Judge Weidman did recuse from the case, but only after he claimed his disrespect to me, in violation of the rules of judicial conduct, as a matter of right, and claimed that I do not deserve respect.


And made this claim before a courtroom full of people, sending the present lay individuals and attorneys a message that to make a motion to recuse is wrong, no matter how meritorious such a motion may be, and that making such a motion will subject the defense counsel to humiliation from the court.


I bet that no attorney whose livelihood depends on assigned cases from this judge would dare to make a motion to recuse after today.


Good job, Judge Weidman, in intimidating the public and attorneys into believing that it is YOUR rule and not the rule of law that is the law in the Town of Oxford court.


Naturally, today I filed a complaint about Judge Weidman's behavior to the Judicial Conduct Commission (including two instances of ex parte communications, an improper threat of a bench warrant, disrespectful, demeaning and sexist conduct toward a female attorney).


If the complaint is tossed, we will know that what Judge Weidman did is an allowed and encouraged behavior in New York judges, and we will then expect more of the same, from this judge and from other judges.


As to the judge's expression of disrespect to me, I am not surprised.  Usually abusers of women do not respect their victims, especially those who stand up for themselves and for others.  And Judge Weidman is no exception.

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