ex parte communication and procedural due process...

[Agita]

What is the name of your state? Alabama

I've researched this site trying to find messages that might relate to my problem but I've had no luck. I will try and keep it short and sweet.

In March I took my ex to court for contempt. The judge held him in contempt and gave him 90 days to purge the contempt by finally following through with the court's orders. About six weeks after that order was handed down by the judge my ex's attorney wrote the judge a letter asking the judge for guidance and direction. He did not file any motions or pleadings when he sent the letter. Along with the letter were documents. Based on this letter and whatever documents there are the judge handed down a new order. One that purged my ex of all contempt even though he had done nothing remotely close to what he had been ordered to do in March.

I have sent the ex's attorney two certified letters requesting copies of the documents and he refuses to comply. He says he was ordered in open court in March to send the documents to the judge and not include me in the communication. I have a copy of the transcript and, no where in it does the judge order him to do such a thing.

Basically what has happened is I have been robbed of my right to be heard according to law and, on top of that I have been robbed of my right to copies of evidence that was used to pursuade the judge to change his order.

I don't have an attorney and can't afford one. I've spent nearly $20,000 in the last 4 years battling this issue and I'm tapped out. Whatever I do now I have to do on my own. I was hoping someone here could offer me some wisdom and guidance.

At this point I have two options I think. I could file a motion asking the judge to vacate the latest order. I'm sure he won't do that due to the fact that I want it vacated because the courts robbed me of my right to due process under law. I could by pass that and go straight to the appeals court. Neither one is an attractive proposition but I have to do something.

Can anyone point out web sites that deal with writing motions, proper format, wording and such and also web sites that might deal with the appeals process and their rules of procedure? Any thoughts and opipions as to what legal recourses I have open to me would be appreciated.

Thanks

 

[rmet4nzkx]

You have asked this question twice
https://forum.freeadvice.com/showthread.php?t=318918 https://forum.freeadvice.com/showthread.php?t=319253
He was found incompent, ADA accommodaitons are an administrative motion, that is ex parte and that does not involve you. They should be made prior to hearings but can be made after the fact as happened here. If you feel that your rights were violated then make a complaint through your bar association they will tell you how to make your complaint in the proper format. Be sure to inform them of the fact that he was found incompetent so you don't waste their time.

 

[Agita]

You and I went through this on the message I posted a few weeks ago on another forum. Your opinion and beliefs as far as what is going on in this case were proven wrong. My ex husband was not found incompetent of anything. He is quite competent; this has nothing to do with ADA accommodations. The communication with the judge had to do with financial paper work that my ex was supposed to fill out and execute. Again, my ex is an able bodied man who runs a 50 acre farm, rides horses and attends to all aspects of their care. This has nothing to do with him being found physically disable to follow the courts orders. You are reading things into my post that are not there.

Why do you have a problem with me posting about this issue again? I made a post a couple of weeks ago in a different forum. I was given advice and now I'm hear trying to get further advice on how to follow through with the advice I was given. I am making another post in the Family Law forum and asking for guidance because this is a family law matter. My only desire is to hopefully get a response from others who are able to help me.

 

[Bali Hai]

What is the name of your state? Alabama

I've researched this site trying to find messages that might relate to my problem but I've had no luck. I will try and keep it short and sweet.

In March I took my ex to court for contempt. The judge held him in contempt and gave him 90 days to purge the contempt by finally following through with the court's orders. About six weeks after that order was handed down by the judge my ex's attorney wrote the judge a letter asking the judge for guidance and direction. He did not file any motions or pleadings when he sent the letter. Along with the letter were documents. Based on this letter and whatever documents there are the judge handed down a new order. One that purged my ex of all contempt even though he had done nothing remotely close to what he had been ordered to do in March.

Apparently the judge was convinced he had purged himself of the contempt.

I have sent the ex's attorney two certified letters requesting copies of the documents and he refuses to comply. He says he was ordered in open court in March to send the documents to the judge and not include me in the communication. I have a copy of the transcript and, no where in it does the judge order him to do such a thing.

Basically what has happened is I have been robbed of my right to be heard according to law and, on top of that I have been robbed of my right to copies of evidence that was used to pursuade the judge to change his order.

Now you know how most men feel about the court system.

I don't have an attorney and can't afford one. I've spent nearly $20,000 in the last 4 years battling this issue and I'm tapped out. Whatever I do now I have to do on my own. I was hoping someone here could offer me some wisdom and guidance.

At this point I have two options I think. I could file a motion asking the judge to vacate the latest order. I'm sure he won't do that due to the fact that I want it vacated because the courts robbed me of my right to due process under law. I could by pass that and go straight to the appeals court. Neither one is an attractive proposition but I have to do something.

Can anyone point out web sites that deal with writing motions, proper format, wording and such and also web sites that might deal with the appeals process and their rules of procedure? Any thoughts and opipions as to what legal recourses I have open to me would be appreciated.

Thanks

Sounds like you won't get anywhere with this judge.

 

[rmet4nzkx]

We read questions on different forums, the advice is the same. You were the one who said he is not competent and apparently the judge based his decision on the facts and the law, whether you agree or not. Make your complaints as suggested, there is no other advice that can be given whether it is what you want to hear or not.

 

[Agita]

Dear rme,

Here we go again. I suggest you go back and read my previous posts on this issue. I suggest you go back and read the responses to you that proved you and your assumptions of what is going on in my legal issue wrong.

At no time did I say that my ex was incompetent. You jumped in and started responding to me questions and your responses were not even based in reality. Your responses had nothing to do with what had been posted at all. It's as if you pulled stuff out of thin air and assigned it to me and it became your reality.

You bought up incometency, ADA accommodations and other things that have no basis in this issue. You were proven wrong but now you say I'm the one who said he was found incompetent.

You are a puzzlement. You and your delusional idea of what is going on in my legal issue. An issue that I have dealt with for four years and surely know more about than you do.

Based on the lack of response that I have gotten from my latest questions regarding this issue I'm going to make the assumption that there is either a lack of interest or a lack of knowledge needed to respond and offer guidance. Whichever it is I will accept that and look elsewhere for help. You though, you I won't be forgetting soon. LOL!! Your "advice" is convoluted, not based in reality in the least bit and the fact that you pursue the issue after you have been proven wrong is very funny. Please read below and maybe it will help you stop seeing the situation through the fog you seem to be viewing it through...


Quote:
Originally Posted by rmet4nzkx
If they found him incompetent you have no grounds. The attorney's letter is a petition you were not to have access to it at all, how the judge hears the petition is their business, sometimes it is done in writing. It should have gone in the confidential portion of the file.


You are wrong. No party can communicate with the court without providing copies to the opposing party. A motion to seal the information could have been filed, but a party can't just hold one on one meetings with a judge (either in person or by letter).

The poster should hire an attorney since she is way over her head on dealing with this on her own. StephenK

Now, once again, there were no petitions or motions filed regarding this ex parte communication with the judge. This has nothing to do with competency or ADA accomodations or anything else you have dreamed up. Believe it or not, you got it wrong so, please go away and find someone else to make assumptions about and give convoluted advice to.

 

[butterscotch]

Suggestion

Instead of asking for information from your eX-husband's attorney, maybe the Clerk of Courts will tell you what you are priviledged to see of this record. If you have options, they will tell you what forms and where to get them.
Attorneys do not like to speak a language a lay person can understand. They don't like pro se and they won't make it easy.
If you can go to the court house, call to see if you can speak to someone who will tell you what you're permitted to see.
Good luck.

 

[LdiJ]

Instead of asking for information from your eX-husband's attorney, maybe the Clerk of Courts will tell you what you are priviledged to see of this record. If you have options, they will tell you what forms and where to get them.
Attorneys do not like to speak a language a lay person can understand. They don't like pro se and they won't make it easy.
If you can go to the court house, call to see if you can speak to someone who will tell you what you're permitted to see.
Good luck.

Probably a good first step would be to go down to the courthouse and look at the file. There may be paperwork in the file that is enlightening.