[BOBT12]

Originally Posted by starr747

Ok i will start at beginning for you Bob Myhusband got three tickets no seatbelt no license and improper tag . We went to municipal court(Kangaroo court)

This is a court of NO record.

we had filed a notice of dismissal for lack of jurisdiction . the judge ask mu husband his plea he said innocent ,. the judge said not guilt my husband again said innocent . Well then he said he was gonna recuse. We came back the next court date and the judge said after looking thru the paperwork he seen that my husband wasnt going against him he was putting this in in his defense.

I am not sure, what the judge was putting in your husbands defense? Was it the notice of dismissal?

My husband then said the only reason i am going after you with the courtwatch form .

Is this is some sort of oversight committee?

Oh by the way i am a courtwatcher .

How does this work? Does your state constitution require this?

Is you are practicing law from the bench .

The rules are different for courts of no record, they call them informal rules. You just need to appeal their negative decisions. As I said above, you should check you state's constitution, as well as the court rules.

He then said my husband was in the wrong courtroom he needed to be in a court of record .

This seems about correct.

so now we are in state court . Where you speak with the Da and not the judge .and have no right apparently to do nothing more than make a plea .

Yes, the DA is just trying to make you an offer or plea bargain, you don't have to accept it.

Well we were asking under what jusrisdiction he was being tried under .

You must raise this issue in court, likely at the Motions Hearing, before addressing the merits of the case. The judge should give you a ruling, then you must move to other issues. If you don't think that he was fair or correct, then it may be grounds for a later (after this trial is over) appeal at the appellate level. You should be at the trial level now.

I am sure you have read about that . And as i said we got as far as criminla under common law then he was told he could go handed two peices of paper with the next courtdates on them . One is motions hearing

This should address any open motions, such as a Motion to Dismiss, or I suppose, your husband's dismissal for lack of jurisdiction. If the case is not dismissed, it will go to the next step.

and one is jury trial .

This would be the next step.

and both are signed by the Da . With my husbands name .

Okay.

Remember, this is not legal advice, just a lawful exchange of information.