Threatened By a Plaintiff in a Lawsuit After Filing Bankruptcy
My question involves defamation in the state of: Colorado/Alabama
I have a civil suit filed against me by a rural district judge. In short I interviewed a woman and she claims he coached her (while a prosecutor before he became a judge) to testify falsely and she then directly lied at his request to obtain convictions. The woman worked as a drug informant. She then told the FBI the same story and has affirmed in court that she committed perjury at his request.
The judge in question (small town Alabama) sued her and me after I published the story in a newspaper/ via vimeo. The judge (representing himself) has threatened me saying he will come after and sue my mother (86 year old bedridden) in a separate case if I dont change a bankruptcy filing I have pending in my home state (CO) and remove his civil case from it. He gave me (via my attorney) a deadline or he would come after my mother. I feel like this is extortion or blackmail and want to know what my attorney's obligation is to the court at this point.
Does my lawyer (paid by a insurance policy ) have an obligation to do something or report it? If not what are my options and what right to I have to resist being forced to essentially alter and create a fraudulent bankruptcy filing to protect me mother?
Thanks in advance.
Re: Extortion or Blackmail in Libel Suit
Quote:
Quoting
jackstraw75
Does my lawyer (paid by a insurance policy ) have an obligation to do something or report it?
No.
His only obligation is to defend you in court under the policy provisions.
Quote:
Quoting
jackstraw75
If not what are my options and what right to I have to resist being forced to essentially alter and create a fraudulent bankruptcy filing to protect me mother?
You really have to ask?
You started the whole thing and you are in it to the finish.
What did you think would happen when you exposed a crook? Bad people don't stop at one bad thing. They keep doing bad things until somebody stops them.
Your obvious option is to tell him to stop and report the threat to the presiding judge, the newspaper, and any appropriate authorities that you can think of and open up another can of whup ass on him.
The threat to come after your mother may just be hot air. If you stand up to him and go public with his threat, he may back off and leave your mother alone figuring the publicity would be worse for him.
Up to you what you want to do.
The above is not legal advice.
Re: Threatened By a Plaintiff in a Lawsuit After Filing Bankruptcy
Quote:
Quoting
jackstraw75
The judge (representing himself) has threatened me saying he will come after and sue my mother (86 year old bedridden) in a separate case if I dont change a bankruptcy filing I have pending in my home state (CO) and remove his civil case from it. He gave me (via my attorney) a deadline or he would come after my mother.
So you can document the threat and you have a witness. Inform your bankruptcy lawyer of the issue, and ask your bankruptcy lawyer if it would be appropriate to file a motion to hold the judge in contempt in the bankruptcy case where this action likely violates the automatic stay. You can also talk to your civil lawyer about how to document the threats for use in later court proceedings in the event that your mother is actually sued (and the suit is without merit).
I don't think it would be at all sensible to start a new media campaign, attributing new misconduct to somebody who is already suing you for defamation. Anything you do should first be discussed with your lawyer.