Expert: Michael Troy - 4/21/2004

Question
Dear Mr Troy,...Thank you for responding so quickly,...In responce to a part of your suggestions,..as of 1999 I've come to a Back-Pay amount of $120,000.00 (not invcluding the 100+ accumulated,sick and vacation days,I had on the books)combine that,plus 5 more years(without punitive damages,taken in account,there is no"price"that they can pay for the pain & suffering I have gone through,because of their vindictive behavior)and a responce to your other suggestion,...NJ has a program,called"Community Health Law Project",but the administrators/Directors, of this organization are all "involved"with the current political administration(they are not about to sabotage their own carreer's),...What I'm looking for, is something like case-law,specifically addressing the issue of politicial influence and Justice/Courts,...I went to the Court today,to get copies of past ridiculious rulings in my case,and noticed a NEW Letter-Order,dated April 14,2004 in the file,which states,"Judge Martini,has referred to me Mr,Hannon's letter of April 8,2004.It appears that plaintiff has served one or more document requests on defendants.Discovery has long been closed.Accordingly,any discovery request is hereby STRICKEN.   SO ORDERED,...Ronald J.Hedges U.S.Magistrate Judge",... I received the April 8th letter,it doesn't go into detail,but it wasn't no "revelation".I was puzzled with the term"STRICKEN",(I could handle a Deny,but STRICKEN?)I imediately went to Rutger's Law Library,and tried finding answers(even seasoned law librarians,were baffeled)Finally came to the conclusion that my Motion to Compel Discovery is now"removed"from my file,...this behavior is unexceptable,...I submitted a valid Motion to produce discovery,that my former attorney failed act on.And although,I know that the Court has "time-limits",...how the heck can the Court expect(a pro se Plaintiff)to litigate a case without COMPLETE Discovery?,...I assumed this issue was a "no-brainer"or a "given",but it appears that the Magistrate Judge has some "adgenda,that I don't know about.(It also wasn't addressed to the attorney on record,...this is the first time that I have seen anything involving this case,addressed to the Law-Firm's CEO,(and reported,next in-line for the State AG position),...Something stinks,involving this case,and it's getting "riper"everyday,...Do you know of any Federal,or State law,prohibiting "ethical-conflicts"such as my case is presently going through?,...and bits of info,would be greatly appreciated,...thanks again,...Thomas Rechko

Answer
Hi again,

Courts have conflict of interest laws, but unless you have some specific reason why there is a conflict, it is not going to get very far.  

I don't claim to be an expert in issues of civil procedure, but my guess on the issue you describe is that the Judge was annoyed that you made discovery requests after discovery had ended.  He did not deny a discovery request because normally a judge does not have to approve or deny such requests.  However, he probably wanted to make clear that parties were not required to respond to discovery if discovery is over.

I've seen Judges do lots of things that I considered unjust or unfair.  That does not mean there is an ethical issue.  Judges have a lot of discretion in managing cases and absolute immunity for their actions.

It sounds to me as if you are discovering why pro se litigants usually find it almost impossible to proceed through the complex legal process.

- Mike