Summary
To file a motion for judge recusal in Kansas, write a detailed motion citing KSA 20-311d, explaining perceived bias with evidence. Include specific instances of bias, legal grounds, and request an alternative judge. For hospital-related issues, file complaints with the hospital and the Office for Civil Rights for potential HIPAA violations. Consider consulting a lawyer for legal actions regarding patient rights and guardianship concerns.Full Conversation
Kevin
Hi Kevin! What legal issue are you facing today?
I don't have a lawyer and can't afford a lawyer I've tried the free attorneys and the board and no luck so how do I write up a request for a judge to be removed because I feel he was bias for instance the opposing party didn't notify me s
To request a judge's removal, you need to file a motion for recusal or disqualification. Here are the steps:
*. Write a Motion: Title it "Motion for Recusal of Judge [Judge's Name]".
*. Explain Bias: Detail the reasons you believe the judge is biased, including specific instances.
*. Legal Grounds: Cite relevant laws and rules (e.g., Code of Civil Procedure §*.* in California).
*. Attach Evidence: Include any supporting documents.
*. Submit: File the motion with the court clerk.
Which state are you in? This will help provide specific rules and procedures.
Kansas
In Kansas, you'll need to follow these steps to file a motion for recusal or disqualification of a judge:
*. Write the Motion: Title it "Motion for Recusal of Judge [Judge's Name]".
*. Explain Bias: Provide specific instances where you believe the judge showed bias.
*. Legal Grounds: Cite Kansas Statutes Annotated (KSA) *-311d, which covers judicial disqualification.
*. Attach Evidence: Include any supporting documents or evidence.
*. File and Serve: Submit the motion to the court clerk and serve it to the opposing party.
Do you need more details on any of these steps?
Yes
Sure, Kevin! Here are the detailed steps for each part of the process:
*. Write the Motion:
- Title it "Motion for Recusal of Judge [Judge's Name]".
- Mention the case number and your name.
*. Explain Bias:
- Detail specific instances of perceived bias.
- Explain how these instances affected the fairness of your trial.
*. Legal Grounds:
- Cite KSA *-311d, which covers the disqualification of judges in Kansas.
*. Attach Evidence:
- Include any documents that support your claim.
- Examples: emails, witness statements, or court transcripts showing bias.
*. File and Serve:
- File the motion with the court clerk.
- Serve a copy to the opposing party, usually through mail or hand delivery.
Do you need help with drafting the motion or gathering evidence?
Yes
Sure, Kevin! Here are some tips on drafting the motion and gathering evidence:
*. Drafting the Motion:
- Title and Information: Start with "Motion for Recusal of Judge [Judge's Name]". Include your case number and personal details.
- Introduction: Briefly state the purpose of the motion.
- Instances of Bias: Describe each incident where you believe the judge was biased. Be specific about dates, actions, and statements.
- Legal Grounds: Refer to KSA *-311d and explain why the judge's actions fall under this statute.
- Conclusion: Request the judge's recusal and suggest an alternative judge if possible.
*. Gathering Evidence:
- Emails: Collect any email communications that indicate bias.
- Witness Statements: Ask witnesses to provide statements about the judge's behavior.
- Court Transcripts: Highlight parts of the transcripts that show biased statements or actions.
- Other Documents: Any other relevant documents that support your claim.
Do you need more help with any specific part of this process?
The judge
Kevin, it sounds like you're dealing with a complex situation. To help you further, please clarify what specific help you need with drafting the motion or collecting evidence. Are you looking for specific wording for the motion, or do you need suggestions on how to gather evidence?
The opposing party didn't have any intention on notifying me about them filing for guardianship and they didn't, when I told the judge about them not notifying me he just said well the opposing party didn't think I had a leg to stand on and that was it what rights of mine were violated , is this the right way for a judge to respond?
Kevin, in Kansas, you have the right to be notified of any legal actions being taken against you, including guardianship filings. The judge's response appears to show bias and disregard for due process.
Specific rights potentially violated:
- Right to due process.
- Right to be heard in legal proceedings.
Would you like more information on how to address this in your motion for recusal?
Yes
Kevin, here’s how you can address these violations in your motion for recusal:
*. Introduction:
- State the purpose of the motion.
*. Instances of Bias:
- Detail how the opposing party didn't notify you about the guardianship filing.
- Include the judge's response, indicating bias and disregard for your rights.
*. Legal Grounds:
- Cite KSA *-311d.
- Mention your right to due process and the right to be heard.
*. Conclusion:
- Request the judge’s recusal and suggest an alternative judge.
Do you need examples or templates for drafting this motion?
Yes
Kevin, here is an example template for your Motion for Recusal:
---
[Your Name] [Your Address] [City, State, ZIP Code] [Phone Number] [Email Address][Date][Court Name] [Court Address] [City, State, ZIP Code]Re: Case No. [Your Case Number]Motion for Recusal of Judge [Judge's Name]Introduction I, [Your Name], respectfully request the recusal of Judge [Judge's Name] from my case due to demonstrated bias and disregard for my legal rights.
Instances of Bias *. The opposing party failed to notify me about their filing for guardianship.
*. When I informed the judge, he responded dismissively, indicating the opposing party believed I had no standing, showing bias and disregard for due process.
Legal Grounds Pursuant to Kansas Statutes Annotated (KSA) *-311d, a judge must be disqualified if there is a reasonable question of impartiality. My right to due process and to be heard were violated as outlined inthis motion.
Conclusion I request the recusal of Judge [Judge's Name] and suggest an alternative judge be assigned to ensure a fair trial.
[Your Signature] [Your Name]---
~Kansas Judicial Center
Phone: (*) *-*
Address: * SW 10th Ave, Topeka, KS *-*
Website: www.kscourts.org
Do you need more specific guidance on any part of this template?
Address of the Johnson county judicial court Olathe is
Kevin, here's the address for the Johnson County Judicial Court in Olathe:
Johnson County District Court
Phone: (*) *-*
Address: * W. Santa Fe Street, Olathe, KS *
Website: www.jococourts.org
Would you like help with anything else related to your motion or any other legal matter? How about this I took my wife to hospital to get her checked out they kept her for a little over * weeks and a half then the therapist emailed me saying my wife's condition had improved enough to where she could go home and if I could pick her up so I showed up then therapist began asking questions about joint bank accounts, retirement, real estate I said that none of your business, he acted agitated and stood up saying you mean you wouldn't put your wife in a nursing home if the judge awarded you guardianship over your wife I said hell no why would I she got great care at home he walked out agitated saying I'm holding off discharge till Monday which never came , he then breached wife's privacy to contact family so he could cement a guardianship in place basically and my wife was held against her will through all this they wouldn't let her leave she tried to leave against medical advice the nurse wouldn't let her she asked my wife do you want to leave she said yes I want to go home with my husband the nurse said no I'm sorry you can't leave then I was blocked from calling , my visitation was stopped i tried finding answers then the clinical coordinator calls me saying if I kept calling around trying to go above his head I would never see my wife again and well now that's what happened I can't see my wife what laws and rights were violated and broke
Kevin, here are some potential rights and laws that might have been violated:
- Patient Rights: Your wife's right to informed consent and to leave the hospital against medical advice.
- HIPAA Violations: Breach of your wife's privacy by discussing her condition with family without consent.
- Guardianship Laws: Any improper actions to establish guardianship without due process.
Would you like assistance on how to file complaints or take legal actions regarding these violations?
Yes
Kevin, to address these violations, you can consider the following steps:
*. File a Complaint with the Hospital:
- Contact the hospital’s patient advocate or ombudsman to file a formal complaint about the therapist and nurse's actions.
*. HIPAA Complaint:
- File a complaint with the Office for Civil Rights (OCR) if there was a breach of your wife's privacy.
*. Legal Actions:
- Consult a lawyer specializing in medical malpractice or patient rights to discuss possible legal actions.
Would you need sample templates for complaints or help finding a lawyer?
Yes
Kevin, here are some sample templates and steps for filing complaints:
*.
Hospital Complaint Template:
---
[Your Name] [Your Address] [City, State, ZIP Code] [Phone Number] [Email Address] [Date][Hospital Name] [Hospital Address] [City, State, ZIP Code]Re: Complaint Regarding [Wife's Name]’s TreatmentTo Whom It May Concern,
I am writing to formally file a complaint regarding the treatment my wife, [Wife's Name], received at your facility. Below are the details of the incidents:
*.
Unauthorized Questions about Financial Matters: [Provide details]
*.
Improper Delay in Discharge: [Provide details]
*.
Breach of Privacy: [Provide details]
*.
Obstruction of Visitation: [Provide details]
I request a thorough investigation into these matters and a prompt resolution.
Sincerely,
[Your Signature] [Your Name]---
*.
HIPAA Complaint:
File a complaint with the Officefor Civil Rights (OCR) online [here](https://www.hhs.gov/hipaa/filing-a-complaint/index.html).
*. Finding a Lawyer:
You may want to consult with a lawyer specializing in medical malpractice or patient rights. You can contact the Kansas Bar Association for referrals or use online services like Avvo or LegalMatch.
Would you need further help with any of these steps?
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