Archive for May 4th, 2011

Another Motion to Disqualify Judge

I had a disturbing hearing today before a local judge.  By way of background … this is the only judge in this area who rules upon (and, nearly always) denies motions to dismiss without a hearing.  Candidly, I’ve often suspected that the judge does not read these motions to dismiss as carefully as he should.  I hate to say it, but I’ve sometimes wondered if he reads them at all.

Anyway, at today’s hearing, I argued that his prior Order denying the Motion to Dismiss should be vacated because he had not ruled on my Amended Motion to Dismiss (which was drafted specifically because he tends to rule on motions to dismiss without a hearing).  When he tried saying he had reviewed the Amended Motion and had intended to deny it through his “inartfully” drafted Order, I had no choice but to inform him, in open court, that he could not have read the Amended Motion to Dismiss prior to his Order because the Amended Motion to Dismiss was not even in the Court file. 

Look.  I know judges are backlogged.  It’s unfair, it really is.  However, is this what it’s come to?  Saying you read a motion and intended to deny it when the motion was not even in the Court file?   Would it really have been that big of a deal to vacate the Order and rule on the Amended Motion to Dismiss (even if that ruling was another Order denying)?

Suffice it to say this sequence of events prompted me to file this Motion to Disqualify Judge.

Mark Stopa

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