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  1. #1

    Default How Do I Sue a Federal Judge for Rewriting Trial Transcript Testimony

    My question involves malpractice by a judge in the: District of Columbia.

    The contracted court reporting company sent the 670 page trial transcript to the presiding judge at Board of Contract Appeals as a Word document.

    The judge retyped key testimony of three witnesses, and then decided against me on the basis of his retype.

    I've spoken to expensive Government Contracts Lawyers over the phone and they yelled back at me - "He can't do that!

    Well, fine! Now what do I do?

    No lawyer is willing to take my case, and none will say why.

  2. #2
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    Default Re: How Do I Sue a Federal Judge for Rewriting Trial Transcript Testimony

    Quote Quoting Federal
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    No lawyer is willing to take my case, and none will say why.

    have you approached them with open checkbook?

    If not, why would they take the case?

  3. #3

    Default Re: How Do I Sue a Federal Judge for Rewriting Trial Transcript Testimony

    Oh!

    Why didn't I think of that?

  4. #4
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    Default Re: How Do I Sue a Federal Judge for Rewriting Trial Transcript Testimony

    Quote Quoting Federal
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    Oh!

    Why didn't I think of that?
    I understand your reply is sarcasm but how are we supposed to know why they will not take the case?. For all I know, it could be because you refuse to pay their rates and expect it to be taken on contingency.

  5. #5

    Default Re: How Do I Sue a Federal Judge for Rewriting Trial Transcript Testimony

    Well, that IS the circumstance.

  6. #6
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    Default Re: How Do I Sue a Federal Judge for Rewriting Trial Transcript Testimony

    Quote Quoting Federal
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    Well, that IS the circumstance.
    well, if that is the case, then they are not taking it because they do not see enough of a win to make it worth their while.

  7. #7

    Default Re: How Do I Sue a Federal Judge for Rewriting Trial Transcript Testimony

    Part of the issue is that the court reporter has a certified transcript. Judges are usually savy enough to understand that any "retype" they might just happen to have the time to bother with is easily verifiable as bogus, which could not only end their careers but even see them facing criminal charges. It would be like a bank robber walking into a bank, robbing it with no weapon or disguise, then taking the bags of money to a chair in the lobby to casually count it. Not that it couldn't happen, but a pretty incredible stretch of the imagination - not only for US, but probably for most attorneys as well.

    Ultimately, if your allegation is that the OFFICIAL court record was tampered with thus impacting your case, and the judge committed multiple violations of procedural and judicial misconduct, your recourse isn't to sue the judge, it's to file a complaint with the judicial standards entity in that jurisdiction, and then to file an appeal of your case on the basis of that misconduct.

    It'll come down to you proving that the testimony was retyped, AND, that the judge BASED their decision on the fiction in that retype.

  8. #8

    Default Re: How Do I Sue a Federal Judge for Rewriting Trial Transcript Testimony

    Thanks Aardvarc.

    Sounds expensive.

    The judge has a copy of my financial statements and tax returns - so knows I haven't the financial wherewithal - that's why his steps weren't so bold.

    So far, though, I have turned it over to two OIG's and the U.S. Attorney.

  9. #9

    Default Re: How Do I Sue a Federal Judge for Rewriting Trial Transcript Testimony

    That's exactly WHY the accusation seems so "way out". There are oversight elements in place whose job it is to check out this sort of accusation, and the judge would be well aware of this. A judge's actions have every possibility of coming back to haunt them without a penny coming out of the accuser's pocket.

  10. #10
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    Default Re: How Do I Sue a Federal Judge for Rewriting Trial Transcript Testimony

    The judge controls the court record. I know of several cases where a judge has stricken statements from the official record. That's not to say there isn't an audio (and perhaps also a video) recording of what happened in court, under the control of the court reporter, and that a judicial tenure commission couldn't look to that to review any claim of judicial misconduct.

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