“A lawsuit is not a game, where the party with the cleverest lawyer prevails regardless of the merits,” Garnet v. Blanchard, 111 Cal. Rptr. 2d 439, 445 (California 4th District Court of Appeal 2001).
The “notions of simple fairness” suggest that a judge should give an explanation for a ruling to a self-represented litigant, if not to every litigant.84 Giving a rationale for a decision is inherently part of the duty of a judge, and doing so in a case involving a self-represented litigant could not reasonably be considered evidence of partiality. That is true even if explaining the basis for a ruling incidentally assists a self-represented litigant to prepare an amended pleading.85 By explaining a ruling either in writing or orally on the record, a judge avoids conveying to self represented litigants “the impression that their efforts to studiously prepare their case were not worthy of comment” or that the judge is biased towards the other side.86
84. Lucas v. Miles, 84 F.3d 532, 535 (2nd Circuit 1996).
85. Paulson v. Evander, 633 So. 2d 540, 541 (Florida 5th District Court of Appeal, 1994).
86. Schulz v. Warren County Board of Supervisors, 581 N.Y.S.2d 885, 888 (New York Supreme Court, Appellate Division, 3rd Department), leave to appeal denied, 600 N.E.2d 633 (1992).
8.3:300 Reporting the Serious Misconduct of a Judge
Rule 8.3(b) requires a lawyer (1) having knowledge of a violation of the Judicial Rules of Conduct, (2) that raises a substantial question as to the judge’s fitness for office, shall inform the appropriate authority. It does not appear that there are any published cases or ethics opinions illuminating the duty of this rule. The appropriate authority presumably is the Commission on Judicial Discipline under CRCP Ch. 24, Rule 12. However, the chief judge of that court, and any higher court, might also constitute appropriate authority.
The Government of Colorado, with full knowledge of crime by Judge James Hartmann, Congressman Ken Buck, and Boulder District Attorney Stan Garnett should, rightfully, publicly release all transcripts related to the ongoing crimes of the aforementioned. The Government of Colorado WILL, however continue to use our socioeconomic status to conceal evidence. We need (very expensive) transcripts. Please Donate!