Who is over the magistrate court judge? I have a trial coming up and my atttorney has failed to talked to me or set a meeting with me. I have filed for a motion of conintuance and got denied due to this fact I am lost and do not know how to go about it so I need rank over the judge. Please help!

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Originally Posted by stephanie0304

... I have filed for a motion of conintuance and got denied due to this fact i am lost and do not know how to go about it so i need rank over the judge. please help!

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News flash: there are 50 states in the U.S. There is also a number of countries which are not in the U.S. Each such jurisdiction has it's own laws. We would need to know which you are in before we could answer that question.

But why do you want to know? You are thinking about appealing to a higher court? Not likely to happen, especially without the assistance of an attorney who knows the difference between sand and shoe polish.

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Originally Posted by stephanie0304

so i need rank over the judge. please help!

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Hello s:

Even if I told you who it was and gave you his address and phone number, he won't talk to you either... There's a certain way the courts work, and you're not going to change it.

excon

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Originally Posted by excon

Hello s:

Even if I told you who it was and gave you his address and phone number, he won't talk to you either... There's a certain way the courts work, and you're not gonna change it.

excon

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I am in Artesia New Mexico. I have Daniel Reyes as my Mag. Judge and Alex Ching out of Hobbs as my attorney. I have tried their ways following directions on this matter I also have a habitual hanging over my head plus my chareges. I want to know how do I file over their heads my attorney has had two months to get ahold of me and I have tried back to back and no response. I filed for my own continuance and got denied. I am lost with a week to go and nowhere am I capable of being ready for this.I can not CHANGE REPRESENTAION ITS TOO LATE they said today. Well I asked last week and the week before for the same thing change of representation nothing.was I told to do butto wait and keep trying my attorney now look where I am at! Please help if you can I mean you got the know how been there and done it.

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Originally Posted by AK lawyer

News flash: there are 50 states in the U.S. There is also a number of countries which are not in the U.S. Each such jurisdiction has it's own laws. We would need to know which you are in before we could answer that question.

But why do you want to know? You are thinking about appealing to a higher court? Not likely to happen, especially without the assistance of an attorney who knows the difference between sand and shoe polish.

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I am in Artesia New Mexico. I don't want to go to a higher court but I will if need be. I have two different courts on the same day represented by the same attorney of which who won't even get ahold of me. I have tried evry day all day and nothing I went through the Magistrate court filings to do do a motion for continuance and denied. I tried talking to other attorneys but the fact I have been appointed one they refuse to talk to me. I have court in a week and been trying to get ahold of my lawyer for two months and letting the judge know so I can at least sit down and discuss this with my attorney but since I haven't been able to I been trying to change representation since last week or file over the judge and my attorney but don't know how to do so! Please help

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Originally Posted by stephanie0304

I can not CHANGE REPRESENTAION ITS TOO LATE they said today. well I asked last week and the week before for the same thing change of representation nothing.was i told to do butto wait and keep trying my attorney now look where I am at! Please help if you can I mean you got the know how been there and done it.

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Hello s:

At least you asked the right questions this time... What you were told is NOT true. You may fire your lawyer ANYTIME you wish. In your case, NOW sounds like a good time. You DO that by writing him a certified letter telling him WHY he's being fired.. Send a copy to the judge and to the prosecutor. Send your letters return receipt requested...

If your lawyer was appointed, and I assume he was, you'll get another one appointed. If they need to postpone your hearing, that's what they'll do. If they DON'T, and you show up WITHOUT a lawyer, tell the judge (politely), that you are unable to continue WITHOUT legal representation.. Say NOTHING else... I mean NOTHING..

Look. These people are NOT your friends. You don't need to antagonize them, but you don't need to lay down for them either.

excon

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Originally Posted by excon

Hello s:

At least you asked the right questions this time... What you were told is NOT true. You may fire your lawyer ANYTIME you wish. In your case, NOW sounds like a good time. You DO that by writing him a certified letter telling him WHY he's being fired.. Send a copy to the judge and to the prosecutor. Send your letters return receipt requested...

If your lawyer was appointed, and I assume he was, you'll get another one appointed. If they need to postpone your hearing, that's what they'll do. If they DON'T, and you show up WITHOUT a lawyer, tell the judge (politely), that you are unable to continue WITHOUT legal representation.. Say NOTHING else... I mean NOTHING..

Look. These people are NOT your friends. You don't need to antagonize them, but you don't need to lay down for them either.

excon

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Yes my lawyer was appointed and I knew I could fire him but my worry was showing up without representation and the judge still continuing although he knows just now I spoke with the judge he said I cannot fire my attorney and am stuck with the one I have. I feel like this was a lost cause to begin with.

Depending on exactly what this case is over... they may not be able to try you in the absence of your lawyer.

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Originally Posted by stephanie0304

just now i spoke with the judge he said i cannot fire my attorney and am stuck with the one i have. I feel like this was a lost cause to begin with.

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Hello s:

It MAY be lost, but I hope you don't go down WITHOUT a fight... I KNOW that's what the judge told you. He's WRONG. Do what I told you to do. Yes, the judge won't LIKE it very much... So?? You're not here to please him.

In fact, that can WORK in your favor. If it can be shown that this judge doesn't LIKE you, or is giving you BAD information, you can get another judge... In fact, the judge is breaking the rules even TALKING to you. That too, can work in your favor. That may be our next job. Write your letters TODAY.

excon

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Originally Posted by stephanie0304

Yes my lawyer was appointed and I knew i could fire him but my worry was showing up without representation and the judge still continuing although he knows just now i spoke with the judge he said i cannot fire my attorney and am stuck with the one i have. I feel like this was a lost cause to begin with.

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You said I could get another one but the judge is just now saying I cannot I just need to know is he telling me otherwise to blow smoke out my rear so that he or his clerks don't have to do the extra work? I am willing to do so but the legal system is already screwed up so I don't want to be one of their screwees and get screwed by doing it their way! So what are my next steps besides changing representation?

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Originally Posted by stephanie0304

... just now i spoke with the judge he said i cannot fire my attorney and am stuck with the one i have. ...

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This is strange for several reasons.

• How did you manage to speak with the judge (or magistrate)? Judicial officers are not allowed by rules of judicial ethics to speak to parties to ongoing litigation about their cases, in the absence of the opposing attorneys (in this case, the prosecuting attorney).
  
• The judge's statement that you cannot fire your attorney is, as Excon has previously said, flat wrong.

If you want to go over someone's head, consider contacting the person in charge of the firm or agency for which Mr. Reyes works. Tell them that he has failed to communicate with you and that, if need be, you will take it up with the New Mexico bar association (or whatever organization licenses and regulates attorneys in that state.) If you don't get a satisfactory answer, follow up on your threat.

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Originally Posted by excon

Hello s:

It MAY be lost, but I hope you don't go down WITHOUT a fight... I KNOW that's what the judge told you. He's WRONG. Do what I told you to do. Yes, the judge won't LIKE it very much... So??? You're not here to please him.

In fact, that can WORK in your favor. If it can be shown that this judge doesn't LIKE you, or is giving you BAD information, you can get another judge... In fact, the judge is breaking the rules even TALKING to you. That too, can work in your favor. That may be our next job. Write your letters TODAY.

excon

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Ok so I am going to write the letters and put them out today! When you said to send them out that return recipt requested is for me so that they can acknowledge what I sent them correct? It will also kind of be like writing out an affadavit right?

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Originally Posted by AK lawyer

This is strange for several reasons.

• How did you manage to speak with the judge (or magistrate)? Judicial officers are not allowed by rules of judicial ethics to speak to parties to ongoing litigation about their cases, in the absence of the opposing attorneys (in this case, the prosecuting attorney).
  
• The judge's statement that you cannot fire your attorney is, as Excon has previously said, flat wrong.

If you want to go over someone's head, consider contacting the person in charge of the firm or agency for which Mr. Reyes works. Tell them that he has failed to communicate with you and that, if need be, you will take it up with the New Mexico bar association (or whatever organization licenses and regulates attorneys in that state.) If you don't get a satisfactory answer, follow up on your threat.

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So here in New mexico who who it be the organization that regulates attorneys or the firm or agency fron which Reyes works for I have been googling it and still don't know that is what I wanted to do next?

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Originally Posted by stephanie0304

So here in New mexico who who it be the organization that regulates attorneys or the firm or agency fron which Reyes works for i have been googling it and still dont know that is what I wanted to do next?

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I went straight to the magistrate courthouse and talked to the clerks and they called Judge Reyes to front and he spoke with me! So...

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Originally Posted by stephanie0304

You said I could get another one but the judge is just now saying I cannot I just need to know is he telling me otherwise to blow smoke out my rear so that he or his clerks dont have to do the extra work? I am willing to do so but the legal system is already screwed up so i dont want to be one of their screwees and get screwed by doing it their way! so what are my next steps besides changing representation?

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Hello again, s:

There's TWO ways to handle this.. You can lay down and do what your attorney tells you when you finally see him probably 30 seconds before your hearing. Or you can fight them.

I thought you wanted to fight them.. I thought that's why you involved me. Look. I already told you that these people are NOT your friends, and they'll NEVER be your friends even if you do what they want you to do.

The judge is telling you this because he's LAZY and doesn't want to start over... Well, I'm SORRY for the judge, but YOU'RE my client. If you're NOT happy with your lawyer, NOTHING out of his representation will be satisfactory...

Look.. There's OTHER benefits to FIRING your lawyer... The next one WON'T be a public defender.. He'll be a private lawyer. He'll also know you FIRED your last lawyer, and he's NOT going to want to get fired too.

So, choose your poison.. Me, or the stinkin rotten judge.. If you write back, it's because your letters are IN the mail. Yeah, it's easy for me to tell you about the changes in your life... But, I've BEEN there, in exactly your shoes before.

excon

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Originally Posted by stephanie0304

... when you said to send them out that return recipt requested is for me so that they can acknowledge what i sent them correct? ...

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Sending letters in that way has several purposes:

• It is proof that you sent something to them on that day. If you have a copy of a letter dated June 18th, and you have a receipt that the addressee received something mailed on this date, it's pretty strong evidence that they received it.
  
• It impresses the recipient with the fact that whatever is received may have serious consequences, especially should the recipient ignore it.

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Originally Posted by stephanie0304

So here in New mexico who who it be the organization that regulates attorneys or the firm or agency fron which Reyes works for i have been googling it and still dont know that is what I wanted to do next?

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The New Mexico State Bar Association.

There is a directory at the same site where you should be able to find Mr. Reyes' employer. Strange, he isn't listed. Are you sure you have the spelling correct?

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Originally Posted by stephanie0304

It will also kind of be like writing out an affadavit right?

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Hello again, s:

Nahhh. It's just a letter.. You already told us WHY you're going to fire him. That's certainly reason enough... It shouldn't take you more than a few sentences to say that.

You're sending them certified, return receipt requested so you can PROVE you sent these letters... If you didn't they could LIE and say you never fired him. Do I think public officials would LIE?? Nahhh, they're wonderful people... Snicker, snicker..

excon

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Originally Posted by stephanie0304

Ok so i am going to write the letters and put them out today! when you said to send them out that return recipt requested is for me so that they can acknowledge what i sent them correct? It will also kind of be like writing out an affadavit right?

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Ok I have another question for you... I have my fiancé who is in jail right now he has been waiting for his attorney as well to see him or contact him he has put forth for requests and asked the facility as well to do so for him and got denied. Now I have power of attorney over him and went down to the defenders office and they refuse to see me or hear me out cause they say power of attorney means nothing now when I did this I was told its sole power over him just in case this happened but they are refusing me.. We want to put a motion for his bail reduction or swap it to a surety do I just write a letter out kind of like a motion pro se and send it?

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Originally Posted by stephanie0304

We want to put a motion for his bail reduction or swap it to a surety do I just write a letter out kind of like a motion pro se and send it?

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Hello s:

The whole thing here is that you speak to the court through your attorney or not at all. That's why it was strange for the judge to meet with you directly... But, for the moment let's put that in our pocket...

If your fiancé isn't getting served by HIS attorney, then he needs to fire him too, just like you're doing. Then his NEW attorney can move for a bail reduction.

excon