how to give ca judge information that attorney is not giving

Can a lawyer give a gift to a judge in California?

Rule 379 of the California Rules of Court states the requirements for giving telephone notice to the opposing side. READ THIS SECTION CAREFULLY. It will tell you to notify the opposing sides by telephone by 10:00 a.m. the court day before your scheduled hearing. Therefore, if your hearing is set for a Monday, you

Can a judge give you legal advice?

If you were represented by an attorney in the matter involving the judicial officer, please provide your attorney’s name, email address and telephone number. Judge’s Information and Conduct Provide the full name of the judicial officer that is the subject of your complaint, and the court in which the judicial officer sits.

What happens if a lawyer has no intention of representing you?

Our legal team is equipped with the necessary investigatory and research tools to offer high-quality legal representation for your false evidence matter. For years, our clients have relied on our in-depth knowledge of the law and the judicial system and trust us to be their courtroom advocate. Call us today at (858) 756-7107 and let us help ...

What are the rules of Professional Conduct for lawyers in California?

As defined by ethical rules, a lawyer's duty to keep clients informed has two primary components: to advise the defendant of case developments (such as a prosecutor's offered plea bargain or locating an important defense witness), and. to respond reasonably promptly to a defendant's request for information.

What is unethical for a lawyer?

Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...

Who oversees judges in California?

The Commission on Judicial Performance, established in 1960, is the independent state agency responsible for investigating complaints of judicial misconduct and judicial incapacity and for disciplining judges, pursuant to article VI, section 18 of the California Constitution.

How do I disqualify a judge in California?

A motion to recuse is a legal motion filed in court that says a judge should be disqualified, or removed, from a legal case for a reason listed within CCP 170.1. The motion can be brought by either a prosecutor or a defense attorney. And, a motion to recuse can be filed in either a civil suit or in a criminal trial.

What can you do if your lawyer is not responsive?

If you have called your attorney, left messages, sent emails, and you still haven't heard a response, the best course of action is to send a certified letter to his or her office questioning the failure to communicate and informing them that you are prepared to find a new lawyer if the situation does not improve.Mar 29, 2021

How may a California judge be removed from office?

Impeaching a Judge State judges can be impeached and removed from office by their state legislatures. If the state House of Representatives votes to impeach the judge, the state Senate holds the trial and decides whether the judge should be removed.

Who is higher than the judge?

The powers of a judge are checked by higher courts such as appeals courts and supreme courts. The court usually has three main legally trained court officials: the judge, the prosecutor and the defence attorney. The role of a judge varies between legal systems.

Can I sue the judge?

The section above basically tells us that a judge cannot be sued (in a civil action) for anything he does in the course of carrying out his duty if he does it in good faith. This means that even if the judge misinterprets a point of law or misapplies it, he or she cannot be sued for it.

What is papering a judge?

Lawyers call it 'papering a judge' Attorneys who appear in court on a regular basis get an idea of which judge is better for a particular type of case and those who reek of bias against certain lawyers or classes of parties.Oct 4, 2018

Why would a judge recuse himself?

Generally, a judge must recuse himself if he has a personal bias or prejudice concerning a party to the lawsuit or has personal knowledge of the facts that are disputed in the proceeding.

Does my attorney have to give me my file?

Most documents held by your lawyer that relate to the case are yours—ask for them. In some states, however, a lawyer may have some rights to a file until the client pays a reasonable amount for work done on the case.Jun 7, 2018

What is the most common complaint against lawyers?

Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.

How fast should a lawyer respond?

A: The lawyer should be responsive to your questions within 24-48 hours after you left a message. If the lawyer is not responsive, perhaps he or she is on vacation and unable to return.Dec 28, 2019

What is the rule for judicial candidates?

Lawyer candidates for judicial office are subject to Rule 8.2 of the Rules of Professional Conduct. In part, this rule provides that a lawyer who is a candidate for judicial office in California shall comply with Canon 5 of the Code of Judicial Ethics .

What is a temporary judge?

Lawyers as Temporary Judicial Officers. A lawyer who serves as a temporary judge, referee, or court-appointed arbitrator is subject to Rule 2.4.1 of the Rules of Professional Conduct.

What is judicial ethics?

Judicial Ethics. Lawyers often interact with judges and court staff, sometimes on a daily basis. An awareness of the standards of conduct applicable to judges and court staff helps assure that a lawyer practices law in a competent and professionally responsible manner. In some circumstances, a lawyer is required to comply with standards ordinarily ...

Can a lawyer give a gift to a judge?

Although Rule 3.5 may permit an attorney to give a gift to a judge or court staff in the limited the circumstances specified by the rule, the judge or staff person may be prohibited from accepting the gift.

How is a complaint acknowledged?

Each complaint is acknowledged by letter when it is received at the commission office. The commission considers each complaint and determines whether sufficient facts exist to warrant an investigation or whether the complaint is unfounded and should not be pursued. Until the commission has authorized an investigation, staff does not contact the judge or court personnel; however, to assist the commission in its initial review of a complaint, the commission’s legal staff will research any legal issues and may obtain additional relevant information from the complainant. The commission’s procedures are explained in Overview of Commission Proceedings and Commission Proceedings Chart.

What should a complaint describe?

Instead, the complaint should fully describe what the judicial officer did and said. If a court document, such as a minute order or transcript, or an audio or video recording shows the misconduct, you may submit a copy (do not send original documents) or mention it in your complaint.

Where to mail supporting documents?

If you would like to submit supporting documents separately, you may mail them to the commission office at Commission on Judicial Performance, 455 Golden Gate Avenue, Suite 14400, San Francisco, CA 94102, or fax documents under 10 pages to (415) 557-1266.

How many attachments can you upload to a complaint form?

As part of the online complaint form, you may upload up to 10 attachments, with a maximum of 10 MB each. Allowable file types are jpg, pdf, doc, docx, xls, png, mov, and mpeg.

How does the criminal justice system work?

How the criminal judicial system operates is paramount to applying justice effectively and any disruption or interference can significantly alter the public’s trust. The act of offering or preparing false evidence is one of those crimes that directly tips the scales of justice and if you find yourself accused of such an offense, to your rights you should hire a San Diego crimes against the police attorney.

What is a felony in criminal law?

It is characterized by a criminal intent to knowingly present the evidence and also to prepare false evidence to be used in a legal proceeding. Each is classified as a felony and they carry serious consequences. Despite the classification as a felony, it is important to note that the level of the legal proceedings or its seriousness is relevant ...

What is entrapment in law enforcement?

You were the victim of entrapment. This occurs when your actions were induced by individuals in law enforcement with the use harassment, flattery, or force. It is important to meet regularly with your attorney and ensure that you share with him or her all the information concerning your case.

How to keep clients informed of a case?

The duty to keep clients informed rests on attorneys, not clients. But on the theory that if the attorney screws up it's the client who usually suffers, here are a couple of steps that defendants can take to try to secure effective communication with their lawyers: 1 Raise the issue early on. Establish, in advance, a clear understanding about case updates. If an attorney's practice is to initiate contact only when a development occurs, the attorney should communicate that to the client at the outset of the representation. If a client wants (and can pay for) regular updates regardless of whether developments have taken place, that too can be spelled out in advance—even included in a written retainer agreement. 2 Be reasonable. A defendant who phones his or her attorney with a request for information can indicate a willingness to speak with the lawyer's associate, secretary, or paralegal. The lawyer may be too tied up on other cases to return the call personally, but may have time to pass along information through an assistant. And because some lawyers have poor communication skills, the defendant may be better off getting information from an assistant than from the lawyer.

What is the duty of a lawyer?

As defined by ethical rules, a lawyer's duty to keep clients informed has two primary components: to advise the defendant of case developments (such as a prosecutor's offered plea bargain or locating an important defense witness), and. to respond reasonably promptly to a defendant's request for information.

L. Vincent Ramunno Jr

You can consult a California licensed lawyer, but , based on the postings , I think your going nowhere with this issue / argument.#N#More

Scott Thomas Stotz

As usual, Mr. Marshall is correct. Oath of office falls under the same category as not appearing before a judge or magistrate unless the flag has gold trim, the sovereign citizen, and people who honestly believe the IRS is illegal. It's Dale Dribble talk (King of the Hill reference).#N#More

Michael L Schulte

You could try asking the clerk of a district court, who should be able to provide it. However, I fear that you may believe the oath is somehow relevant to something. If you are a student or journalist doing research, good on ya! If you want to make something of a legal argument about a judge's oath, I strongly encourage you to let it go.

Robert Lee Marshall

You're reading too many "constitutionalist" websites. This "oath of office" stuff is a favorite of the tin foil hat crowd, but it has no real application in California law.#N#This blurb is from the author of "Idiot Legal Arguments," which was posted on the Anti-Defamation League's website.

What is the ABA rule on gifting?

Rule 1.8 of the ABA Model Rules of Professional Conduct, Paragraph (c), states that, “A lawyer shall not solicit any substantial gift from a client, including a testamentary gift, or prepare on behalf of a client an instrument giving the lawyer or a person related to the lawyer any substantial gift unless the lawyer or another recipient of the gift is related to the client.”

Can a lawyer give a gift?

Although – in general – a lawyer is not barred from receiving or giving a holiday gift, to avoid possible awkward moment, it’s a good idea for the law firm to draw up a policy on gift-giving. Having a policy would give an attorney an “out” if a client chose to gift her with an overly expensive gift. It would also help draw boundaries for attorneys who choose to give a gift.

Joseph Jonathan Brophy

Judges are not supposed to give legal advice. Sometimes they do, particularly to people representing themselves in family court or small claims court. There's not a whole lot you can do about it. Complaining about judges should be reserved for serious misconduct, which this isn't.

Anne Whalen Gill

Judges should not give legal advice. However, in a pro se case, judges do sometimes ask questions to try to understand the case and reach justice. you haven't given much information about your case, but it sounds like this was at worst a minor mis-step by the judge. It takes a serious mistake to support an ethics challenge...

Douglas D Foote

It sounds as if your ex was representing herself in court without a lawyer, what the legal system calls "appearing pro se" or "for herself".

General Information

Candidates For Judicial Office

Gifts to Judges

• Lawyers who give gifts to judges or court staff are subject to Rule 3.5 of the Rules of Professional Conduct. Although Rule 3.5 may permit an attorney to give a gift to a judge or court staff in the limited the circumstances specified by the rule, the judge or staff person may be prohibited from accepting the gift. When considering the propriety of...

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