Monday, December 14, 2009

Cmr Joseph's lame defense

I wrote this in a motion before Judge Salazar:
Commissioner Joseph is prejudiced
I believe that Cmr. Joseph should not preside over the hearing that I am requesting. First, he is not the family court judge. Second, I am seeking to enforce the outcome of the 2005 child custody trial under Judge Kelly, and Cmr. Joseph had nothing to do with that. Third, he is prejudiced against me.

To give just one example of Cmr. Joseph’s prejudice, last year he got someone on his staff to report to him about my website after the California Judges Association advised him not to look himself. Then he wrote an out-of-court letter to [my ex-wife] suggesting that she bring a motion to hold me in contempt of court, and he presided over the contempt trial himself over my objections. A judge should not be doing his own investigations and instigating complaints, and he certainly should not have been presiding over a case that he actively instigated.

More seriously, Cmr. Joseph has refused to let my kids see me because of his own inability to appoint an EC 730 witness.
Here was Cmr. Joseph's response last week:
17. The court has reviewed the claims of prejudice brought by father. If father believes he is unable to receive fair hearing in this court by this judicial officer, he should prepare, file and serve a proper pleading under CCP 170 et seq. The assertions at page 5 of the pleading filed for hearing December 21, 2009 are inaccurate and untrue.
You would think that if the assertions were really "inaccurate and untrue", he would be able to say what was not true. He did not. All that stuff is documented on the court file. I don't see how he can deny it.

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