This is a story about an out of control judge. I do not have transcripts or a case file yet, so names will be omitted for the time being
Apparently an elderly woman, age 72, had a judgment issued against her a few years back. The judgment was substantial and it was based upon a failed business transaction. The Plaintiff wanted to be paid, so they pursued the elderly woman with a series of Citations to Discover Assets, which is their legal right to do. If you owe someone money they can drag you into court every month and question you about your assets.
In this particular case, for some reason, the court issued a court order that she had to pay $25 per month. This is despite the fact she had filed an affidavit of exemption with the court and told the judge that she only had some $1000 per month in income from social security and had nothing else.
The judge never should have issued an order that she pay $25 per month, that is illegal. She was entitled to her exemption because she is indigent and owns no property real or otherwise. She lives in a modest apartment on her social security. Creditors are not allowed to attack social security under both state and federal law.
But for some reason at the last court date, after the woman had filed a motion to terminate the payments on the basis of exemption, the judge got mad. He asked her 4 times why she would not pay $25 per month and she responded she didn’t have it and her social security income was exempt. That was the truth so she said it and repeated it politely. I guess on the 5th statement, he held her in contempt and ordered she be jailed.
Now normally, most courts have a small lock up someplace at the courthouse for litigants and the public who are disrepectful to the judge and don’t follow orders. But this woman was polite and merely repeated that she simply didn’t have the $25 per month and the law doesn’t permit creditors to get her social security money.
Not only did the judge transfer her to the main jail, but somehow she also got a strip search and body cavity search as her punishment for challenging the judge’s order to pay $25 per month. Body cavity searches are not to be performed for minor offenses, traffic offenses, and for certain civil litigation defendants who are poor after a contempt of court hearing.
She is currently seeking a lawyer to sue the judges and the deputies involved for false arrest, false imprisonment and intentional infliction of emotional distress.
In addition, she has had problems getting her transcripts. Apparently she has paid for the last 3 or 4 months of transcripts but she still doesn’t have them. She is going to file a complaint with the state agency that regulates court reporters. A court reporter should have a short transcript done in 2 weeks, 3 weeks at the latest. Apparently the judge has been harassing her about her pro se motions to terminate the $25 per month payment which she has been filing every month and the judge has been entering and continuing them.
And this is actually extremely unusual shameful conduct for a civil judge. Civil judges are not supposed to be in the business of jailing litigants. They have lots of tools at their disposal, and generally they should fine first or order a litigant to X numbers of community service if they are indigent. This judge didn’t have to jail this woman, and for sure she should not have had a body cavity search. That was soooo freaking out of control.
Apparently this judge and court really love the defendants for this to happen to an elderly woman.
The judge should be removed from the bench, the deputies who arrested her should be disciplined and all the lawyers involved in this should be disciplined severely.
I mean, what does this judge want from her, to go to the nearest blood bank and sell her blood or plasma and have the money transferred to the defendants by court order? He seems like he would be voted judge most likely to do it!
What a world!