5th amendment violations?

[Stacy Rogers]

Jurisdiction

Oklahoma

I was evicted from a mobile home park where I rented lot space to reside. I own my mobile home and fell 2 months behind in lot rent. I was unable to move my house in the time ordered and the judge will not release my house until I purchase land to move it to. She also has put a no trespass prohibiting me from even getting items I need and has issued a bench warrant for failure to pay 500.00 to manager in a 4 day period. Is this a violation of my 5th amendment rights?

A circuit court judge will not release my mobile home from the trailer park I had been renting a lot from. I fell 2 months behind in lot rent (400.00) , served an eviction, was not able to move it in the time ordered. A no trespass was issued, I was removed from my house with no opportunity to take anything and at the damages hearing, I was ordered to pay 500.00 to park owner in 4 days or a bench warrant would be issued. The judge has also put a hold on my house until I bring a deed to purchased property in my name so she will not have to hear any future evictions. The park is charging me monthly lot rent as well

If a circuit court judge had a telephone conversation and gave her professional advice weeks before she was elected judge, is that a conflict of interest if she is the judge that is hearing my cases directly and indirectly related?

This is in Beckham county ok and I tried to attach out of polarizes office. Brand new legal issue for me

 

[adjusterjack]

I don't know what you did to get this result and the miniscule type that unreadable, but next time type it in so we can ready and tell us what state this is happening in.

Also, instead of the "can" question (which invariably can only be answered by "yes" because it denotes the ability to do something not whether that something is right or wrong) give us details about what happened in court and what led up to it before it got to court.

Instead of the "if" question, tell us what the advice was on what matter and what the current cases are about. Details count and so does the name of your state.

 

[ElleMD]

It would also be helpful to provide a location, especially state. Laws vary from one place to another.

Having an opinion on a case or having heard about it ahead of trial does not require the judge recuse him or herself. In many cases the judge, who does not live in a world devoid of news, will have heard something about the case before they step into the courtroom.

 

[army judge]

No, as posited in your hypothetical, it wouldn't be a conflict of interest.

Why?????

According to your version of events, the person allegedly dispensing the advice wasn't a judge at the time the advice was given.

The person dispensing advice in your scenario was simply an attorney tending to the business of her clients.

She was lawfully seeking political office, specifically a judgeship. She couldn't have known she would be elected judge, so she was performing in her legal capacity as attorney at law.

Furthermore, dispensing of legal advice isn't the same as ruling on a case as a judge.

If the case later came before her sitting in her official capacity as a judge, she would recuse herself, or YOU could request that she do so.

The simple fact that she at one time served as someone's lawyer wouldn't necessarily require her recusal, either.

I don't know what you did to get this result and the miniscule type that unreadable, but next time type it in so we can ready and tell us what state this is happening in.

I know HOW it was obtained?

It appears to be a photo or a scan of a textbook question, or a page of a lawsuit complaint.

I'd guess its from a small claims issue.

The state appears to be Oklahoma.

I've seen many similar questions over the years!!!

 

[adjusterjack]

Is this a violation of my 5th amendment rights?

No.

The 5th amendment protects you from having your property taken from you without due process.

You had due process.

You were evicted for non-payment. You went to court. That's where the due process was. The landlord won and the judge imposed conditions upon you that you have to meet in order to compensate the landlord and remove your manufactured home.

If you believe that the judge made a mistake in his decision you are welcome to file an appeal. That's another step in the due process to which you are entitled.