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Wednesday, September 24, 2014

Ind. Courts - The perils of pro se representation?

In a long (and repetitious) story today in the Richmond Palladium-Item, Bill Engle reports:

In his shortest court appearance yet, Preble County [Ohio] resident John Cahill walked out of Wayne Circuit Court in protest over the judge's involvement in his ongoing fight with the city.

Two minutes into Tuesday's hearing, Cahill, the Eaton-area man who has waged a 17-month fight with the city of Richmond over two abandoned houses he refuses to repair or remove walked out of the courtroom and left the Wayne County Courthouse in protest. * * *

In June, Cahill filed an affidavit accusing the judge of bias and prejudice in the case. On Tuesday, Cahill provided the court a copy of Indiana Supreme Court rulings that said that once a judge is accused of bias and prejudice, he no longer has jurisdiction in the case.

The problem for Cahill, said [Judge David Kolger], is that Cahill's appeal must be done in a timely fashion.

"I agree with [city attorney Walt Chidester's] opinion. This case is over," Kolger said.

Cahill, who is representing himself, started the proceedings by addressing Kolger.

"I'm making a special appearance in this case today," Cahill said. "Since you have no jurisdiction in the case and still you continue to officiate, I will not participate in today's hearing." * * *

In June, Cahill filed an affidavit accusing the judge of bias and prejudice in the case. On Tuesday, Cahill provided the court a copy of Indiana Supreme Court rulings that said that once a judge is accused of bias and prejudice, he no longer has jurisdiction in the case.

Posted by Marcia Oddi on September 24, 2014 09:44 AM
Posted to Indiana Courts