When I appeared in Judge Kelly’s court on Monday afternoon (1/25) on the disqualification motion I filed against him, he ruled against any oral argument of counsel being made. (Courtroom argument is a standard procedure). Kelly then gave the prosecutor two weeks (by 2/8) to file an answer to the disqualification motion and/or counter the 36-pg affidavit to which I swore oath.
Kelly asked if I had any other factual allegations for his consideration, whereupon I mentioned the case involving Brian Page, where he tried to prevent me from substituting in as Mr. Page’s attorney. I advised him that, given the additional time for the prosecutor’s reply, I wanted to add Brian Page to my case against him. As I explained, to carefully analyze the facts surrounding a case involving the judge’s abuse requires much time and effort; it is a tedious task. I added that I wanted to include Page in the affidavit then of record, but simply ran out of time.
I also requested the Court’s permission to file an amended brief that would contain the legal argument I was prepared to make at the hearing, prior to his ruling there would be no oral argument by counsel heard or considered before a written decision and order was issued.
Since Kelly did not want to hear any oral argument, I wanted the Court to allow me to file an amended brief to make my argument in writing instead.
Kelly ruled I may file an amended brief containing my written argument if I wanted, and then added that if I did, it doesn’t mean he will read or consider it.
Jeez. I wonder if Judge Kelly will rule in favor on my request that he disqualify himself from all my cases.
Do you think Kelly will: (1) Disqualify himself and grant the motion?
Or: (2) Should he?
Or (3): Deny the motion (and the obvious), and make everyone jump through the hoops?
Remember: Kelly MUST disqualify himself by law, based on objective and reasonable perceptions, if:
1. The Judge is prejudiced against a party’s attorney; or
2. The Judge has failed to maintain the appearance of impropriety; or
3. The judge has a serious risk of actual bias impacting the due process rights of a party.
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