Recusal Motion For Judge

I would like a draft motion to recuse a judge who has not allowed fair hearings, has misstated orders in his rulings, has not allowed oppositions and counterclaims to be heard, and excepts hearsay without facts, and has restricted my entry of exhibits. This is a Family and Probate Divorce

what rules of law and cases apply to this motion to recuse?

Can you draft the motion?

What form of motion is used to stop the other party from using the court as a tool of abuse in massachusetts probate and family court

yes

yes

Can you add some of these details to the motion for protective order for another party that files repeated contempt complaints, has failed to provide discovery, has provided false statement for financial gain, has filed false statement to defame, has refused to cooperate in good faith, has been unreasonable, and is not considering what is best for their children, maxwell and Alexander, * and 7 years old

what information should i add to improve the motion?

yes

what type of relief should be requested?

yes

yes

can you summarize a draft motion to recuse a judge?

can you add these additional details: Now comes the Plaintiff, **** J. ****, Pro-Se, and prays that this Honorable Court allow this Motion to Recuse Judge Lawrence Army in the above-captioned matter. The Plaintiff, in support of this motion, states as follows along with exhibits affixed to this Motion: *. The Plaintiff, **** ****, has repeatedly been denied his Constitutional Rights to a fair hearing in accordance with Article * of the United Staes Constitution and in accordance with in Massachusetts Constitution Article XXIX.several appearances before the Honorable Judge Army. As part of the support for this Motion is the fact that on July *, *, Judge Army issued an Order limiting the Plaintiff’s filing of Exhibits to be limited to * (five) pages. The addition of this limitation, along with the Plaintiff’s multiple denied efforts to submit evidence and exhibits during previous hearings presided over by both Judges, Judge Army and Judge Dana Doyle, throughout this matter, have infringed upon the Plaintiff’s Federal Constitutional Rights covered in the 14th Amendment and his State Constitutional Rights covered in Article XXIX of the Massachusetts . There are also comments in the GAL report which state my challenges to submit evidence to Courts and Court Staff for proper review in order to allow evidence to be the deciding factor in decisions, and not the continuous false statements, without evidence, and hearsay from the Defendant, Jessica ****, also known as Jessica Joubert. This limitation of Exhibits, Refusal to accept evidence in hearings, refusing to allow Objections in hearings, suppression of Counterclaims submitted by the Plaintiff (Judge Army’s suppression of Counterclaim submitted on XXX, Court Staff’s suppression of Counterclaim filed on XXX), mismanagement of hearing agendas (October *, * hearing where two items heard were showing as ‘taken off list’ prior to the hearing date, but were heard, leaving the Plaintiff, who is self-represented, to be unprepared and misled by the Court as a perceived violation of Supreme Judicial Court Rule *:*, Code of Judicial Conduct, Canon *, Rule *.*.A ) missing docket entries in the assembled records for appeal (Rule * Memorandum is missing from the assembled records submitted by the Hampden County Probate and Family Court to the Appeals Court, ref: *-*-*) and a repeatable trend of bias demonstrated by both Judges has brought the plaintiff to lose all faith in the Integrity and Impartiality of this Court. The Plaintiff believes his Constitutional Rights under the Fourteen Amendment have been continuously violated, along with Article XXIX of the Massachusetts Constitution and multiple violations of the Supreme judicial Court Rule *:* Code of Judicial Conduct. *. In addition to the limitations stated above regarding the restriction of the Plaintiff’s freedom to submit evidence as exhibits in his defense, Judge Army, as well as the presiding Judge preceding him in this matter, Judge Dana Doyle, have denied every Motion to Compel Discovery submitted by the Plaintiff. The Plaintiff, pro-se due to financial constraints caused by excessive legal fees and damage to his business caused by fraudulent acts of previous attorneys, and the refusal of the previous Judge, Judge Dana Doyle, to release funds held in escrow in order to have his right to counsel at the divorce trial. The Plaintiff, based on exhibits in previously filed *. The Plaintiff, **** ****, pro-se, is in great fear of the Court being used as a weapon to incarcerate him again in order to prevent investigations into his concerns of corrupt practices within the Court from being exposed. The Plaintiff, based on the following actual events and statements made under Oath, is now concerned that Judge Army may have become a party involved in the Plaintiff’s concern of corruption, up to the extent of RICO violations, and therefore has lost all confidence in receiving unbiased and fair judgement as part of due process in accordance with his Constitutional Rights detailed in the Fourteenth Amendment, and his Rights under Article XXIX of the Massachusetts Constitution. *. The Plaintiff has experienced tremendous bias against him in the Court, and he has expressed his concerns of corruption to both Judges that have participated in this Divorce, Judge Dana Doyle and Judge Lawrence Army, and no known action has been taken by either Judge to investigate or report these concerns in accordance with The Rules of Judicial Conduct Rule *.*. No consideration to the facts and evidence submitted to the Court regarding the efforts of the Plaintiff to maintain a stable home for his children, Alexander and Maxwell ****, his aggressive search for employment, his recently acquired contracted work, and every attempt made to keep his single-member, Verified Veteran Owned Small Business that conducts interstate commerce from his licensed Agricultural operation, intact has seemingly been dismissed. The repetitive bias towards the benefit of the Defendant, Jessica L. **** a.k.a. Jessica L. Joubert, who is a Registered Nurse with ten years of experience, holds a Bachelor’s Degree in Psychology, a Bachelors Degree in Nursing, is a mother of three school-aged children: Mason Basile, (her first-born son with father, Michael Basile who is also represented by Bacon Wilson, P.C. for custody matters with the Defendant and is known to have majority custody), and Alexander and Maxwell ****, the children of the parties in this matter. All three children attend school full-time. The Defendant has not worked in over four years and has been fraudulently collecting welfare, food stamps, and until discovery is correctly submitted, which has been denied several times by both Judges, defrauded the Estate Recovery Unit in the process of performing her role as Executor of the Estate of Daniel Joubert, which was presided over by Judge Doyle, and where Jessica was represented by Bacon Wilson, P.C. and continues to provide false statements to the Court for financial gain by harming the Plaintiff. *. The Plaintiff, based on his stated concerns of collusion and conflicts of interest amongst the attorneys involved in the above-mentioned matter, is in fear that he is being financially abused by the defendant and the Court. The Defendant, Jessica ****, also known as Jessica Joubert, according to her financial statements and testimony, owe her previous attorneys involved in the divorce, Attorney Jennifer Thorn and Attorney Ann Dargie XXXX in legal fees previously incurred (it is worthy of noting that Atty. Thorn and Atty. Dargie were the original Opposing Counsel against the Defendant, Jessica **** a.k.a Jessica Joubert in Jessica ****, as Executor of the Estate of Daniel Joubert (HD21P1218EA, which was also presided over by the original Judge of the Divorce of the parties in this Motion, Judge Dana Doyle) stated in deposition on September *, *, that she received pro-bono assistance with her role as Executor from Atty. Benjamin Coyle from Bacon Wilson, P.C.. Atty. Coyle filed a Notice of Appearance in March *, *. The Plaintiff requested an accounting of the Estate, and no legal fees were listed in any of the responses provided by the Defendant or her counsel. There are also no debts owed Bacon Wilson on her Financial Statements. The Special Master appointed by Judge Doyle in the Judgement of Divorce dated August *, * to sell the Plaintiff’s pre-existing home of * Hampden Rd., East Longmeadow, MA, Atty Alfred J. Albano, has a continued connection to Bacon Wilson, P.C., the Defendant’s ex, and father of her first born son, Mason Basile, is represented by Atty. Gillis of Bacon Wilson, P.C. in their custody matter (HD17W0009WD) which . The Defendant is currently receiving exorbitant child support from the Plaintiff, and now the defendant is stating that all child support payments are being garnished by the Massachusetts Department of Revenue Child Support Division. There is no record of child support being paid or received between Michael Basile and Jessica **** a.k.a. Jessica Joubert, and the Plaintiff has first hand knowledge that Michael Basile currently has majority physical custody of Mason Basile. This leaves the assumption that the Plaintiff is now indirectly supporting all three children. The Plaintiff has requested discover in this matter which included two motions to Compel discovery that have been denied, so this assumption cannot be verified or denied. One Motion to Compel Discovery was denied by Judge Doyle in May, *, and one Motion to Compel Discovery was denied by Judge Army in May, *. MOTION TO RECUSE JUDGE LAWRENCE ARMY The Plaintiff, **** J. ****, through repeated experiences of unfavorable, incorrect, suspicious and biased rulings by Judge Army, has lost faith in the integrity of this Court, and he is requesting the immediate recusal of Judge Army before more harm can be done to him, his business, his basic Constitutional Rights, and the Plaintiff’s ability to provide protection and stability for his children, Alexander and Maxwell ****. The concerns of the Plaintiff, **** ****, are based on facts submitted as exhibits, testimony and emails of the Parties and Court Appointed attorneys, emails with Court staff, submission of concerns to the Attorney General , the Board of Bar Overseers, and the Commission on Judicial Conduct. In addition to the experiences of the Plaintiff, there is publicly available records of concern of Judge Army’s original appointment as a Judge stemming from suspicions presented during his appointment proceedings. These concerns were covered in an article written by Sam Doran from State House News Service and published September *, *. This article includes the following statements from attorney peers and contributing Judges: “Additional notes were penned to the council following that hearing under the anonymous byline of "Concerned Lawyers of Worcester County," containing allegations that Army had made "material misrepresentations and lies" to the council at his public interview, according to copies obtained by the News Service. The allegations centered around statements Army made to the council about his divorce agreement, mortgage and bankruptcy proceedings.” The Plaintiff, **** ****, finds it highly concerning that the integrity of Judge Army was questioned by his Attorney peers and retired Judges prior to appointment, and that he is now presiding over cases within the Hampden County Probate and Family Court which has a history of multiple ethical challenges to its internal procedures. The specific concerns of the Plaintiff are associated with Judge Army’s rulings against the plaintiff, and the suppression of Affidavits and Exhibits submitted to the Court, testimony of the Plaintiff that detail unethical actions of previously involved attorneys, the Court Appointed Special Masters, and the original Judge, Judge Dana Doyle.

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the judge also denied a motion after it had already been heard and had an active counterclaim so that the other party could request a *-* motion without any motion of either party. Was this a violation of procedure?