Can I get into trouble sending a letter to the Magistrate who heard my Small Claims case?

I sued someone in Small Claims in September. The magistrate who heard the case was very old. He was very, very rude, and shouted repeatedly, and he also made fun of my hearing problem and stuttering. He was rude to my witness, and was extremely unprofessional. I have already sent a letter to the Judicial Committee in my state outlining his behavior and the adjunctive responsibilities the magistrate violated.

I was thinking of sending this letter:

Dear Mr. Roy:

On September 16, 2010, I was a plaintiff in your courtroom for a small claims case. According to the State of Michigan Judicial Tenure Commission Code of Official Conduct, you violated at least two of your Adjunctive Responsibilities listed in CANON 3, specifically paragraphs 3 and 10:

3.A judge should be patient, dignified, and courteous to litigants, jurors, witnesses, lawyers, and others with whom the judge deals in an official capacity, and should require similar conduct of lawyers and of staff, court officials, and others subject to the judge’s direction and control.

10.Without regard to a person’s race, gender, or other protected personal characteristic, a judge should treat every person fairly, with courtesy and respect. To the extent possible, a judge should require staff, court officials, and others who are subject to the judge’s direction and control to provide such fair, courteous, and respectful treatment to persons who have contact with the court.

These Adjunctive Responsibilities were not followed or even considered. The entire experience was unethical and unprofessional.

You continually shouted, interrupted, and treated my witness and me with extreme disrespect. I have a hearing problem and stutter, yet you made jokes about this in your courtroom. Mr. Roy, you did not show me any consideration or even treat me like a human being. I was extremely nervous, which is normal for a person to be nervous in court. When I was asked to give the name of my witness, you again shouted at me because I was nervous, and you were beyond rude and disrespectful to my witness, Mr. John Smith.

I am not sure if you are friends with the defendant, Mr. Johnson, but you treated Mr. Johnson somewhat respectfully and allowed him to read a one-page statement. When I attempted to read my written statement, you again interrupted me, shouted, and treated me as if I was not a human being. You also took excessive amounts of time pontificating about things that had nothing to do with the case – as if you were speaking just for the sake of hearing yourself speak.

At the conclusion of your many soliloquies, you had the unmitigated gall to insult me and psychoanalyze me in front of the entire courtroom, which was not only unprofessional, it was extremely humiliating and embarrassing.

Your refused to look at any of the medical evidence I had from William Beaumont Hospital and three additional physicians – evidence that included X-rays, medical examinations, and letters from physicians, which verified that I did indeed suffer physical injuries due to being assaulted by the defendant, Mr. Johnson. (X-rays do not lie.)

This type of courtroom behavior was atrocious and I have filed a complaint with the Judicial Committee.



Should I send the letter?
I was also thinking of sending a letter to the court administrator, or perhaps the head judge?

Advice, please?

Related Blogs

Tags: , , , , , , , , , , , , , , , , , , ,

3 Responses to “Can I get into trouble sending a letter to the Magistrate who heard my Small Claims case?”

  1. Josa Says:

    Hi, Send it!!! You did a great job presenting the facts, not too many feelings, and had the code of professional conduct included to back you up. A cop told me once, "When you’re the law, there is no law". It sounds like this Judge was judging outside of his realm of duty and felt it was his given right to do whatever he pleased. What’s right is right and what’s wrong is wrong and he was WRONG!! JOSA

    Addition: When a person in authority, or anyone for that matter, acts in a disrespectful manner, are we to just sit back and allow them to do so because they may have some sort of authorty over us. NO!!! Everyone in this world is accountable for their actions. When those actions are hurtful, disrespectful and rude then, you have a right to let that person know how their words and actions affected you without any ramifications. No one is exempt from being held liable for their actions and behavior. Freedom of speech goes both ways….you exercised your right to free speech. I still say…send it!

  2. Quizzard Says:

    You filed a complaint. Your inference of favoritism ("I don’t know if you are a friend…." borders on libel and contempt of court.

    Your diatribe will serve NO purpose other than antagonizing the judge. You (I would assume) lost your case, you have filed an official complaint, anything else is both unwise and pointless.

    BTW, in the vast majority of cases where a losing side of a court case claims ‘unfair’ tactics, it is because they do not understand the law, the rules of evidence, or both.

  3. Snarki Tiki Says:

    I’m not sure what you hope to prove by sending a nasty, disrespectful letter to a judge. It will not affect the outcome of a small claims case, the judge will not take seriously anything you have to say because of your snarky tone, and any complaint you’ve made about the judge will be seriously discounted when it turns out that you’ve been sending private hate mail to the judge. This is not the action of a reasonable, sane person.

    If doing this will make you feel better about yourself and you don’t care about the ramifications, go for it. Otherwise it is not advisable to attempt to lecture a judge.