Judge's Signature of Injunction Order Being Thwarted

[gerronamo]

I filed an Order to show Cause and judge granted everything I aksed for, however, the injunction approved during motion needs to be signed by judge as an actual Order. However, I ascertained that defendant's friends or relatives at the court have managed so far to thwart this action. The order was to be signed on 8/24/11 but 3 momths later it has yet to be signed. At one I was told the order was on judge's desk waiting for signature and was told it was in fact signed only to be told later on that it was a mistake and then it mysteriously disappeared to then be found much later. Twice I have caught them in a lie and one of the clerks has nasty attitude when I question the enormous and rediculous delay. Letters to the judge sent with bold letters saying: "For Your Eyes Only" have gone unanswered and I believe it is because the clerk is keeping the documents from the judge -- including my inqueries as to the rediculous delay. Does anyone know what if anything I can do to ensure that the Order finally gets to the judge's hands and signed? I have no doubt that if I were a member of the bar I would not be treated in this manner. This same court has also been under investigation for corruption of one type or another, which includes not only court clerks but judges as well. Any help from the community as to what I can do will be most appreciated. Please note that due to disability and being in a nursing home going back & forth to court whenever i want is not an option. Thank U all for your help.

 

[Michael Wechsler]

Good question. I can't vouch for what happened so I won't speak to whether this seemingly long dealy was justified. In the past, when a situation like this arose we had to involve another judge in the courthouse in order to move things along. (It was a little bit more obvious and egregious than this.) In that case there was a local justice who oversaw the activities of the entire courthouse.

The State Commission on Judicial Conduct might be the place to go, although I cannot be sure. I've mostly practiced before judges in states where there is a sizable population and less of an opportunity to hide that which can be hidden in small cities and townships.Take note - here the problem may be with the clerk and not the judge - and you want to get your story straight or else the judge, who may not be involved, will be understandably upset by a vague accusation!

You can also try the New York State Bar Association. Call them up and quickly explain to them that you believe that you are experiencing misconduct in the courthouse and you would like assistance. They have probably assisted with matters like these in the past and they are usually very willing to help. Best of luck with this and let us know how things turn out.

 

[gerronamo]

Thanks, that sounds about right. My letters to the judge & chief clerk were to no avail, but have written to Administrative Judge, if I don't get positive results will try your suggestions. Thanks for taking your time to respond.