On April 8, 2015, I went to another hearing before Judge David E. French. I had the impression that Judge French was ranting at me while being very cozy with the opposing counsel.
In the hall outside the courtroom after the hearing, a person came up to me. They did not identify themselves. The person said to me, “I just want to let you know that it is obvious that at your next hearing Judge French is going to deny any motions you have for relief and grant all the motions your brother has for attorneys’ fees and sanctions.”
I thanked the person for their observations. Then I asked why they though this would happen?
“It’s obvious the opposing counsel is his buddy and the judge is prejudiced against you. What did you do to him?”
“I’m Jewish, gay, HIV positive, a cancer survivor and have a bad heart condition. All I have been doing is trying to obtain the inheritance that my dad left me eight years ago. My brother is a Florida attorney and the Trustee of my dad’s estate. My brother has already spent more than $200,000.00 in legal fees. I had to let my attorney go because I could not afford to pay her anymore and I have been forced to represent myself. I have no idea which of these things has Judge French so prejudiced against me.”
The stranger concluded by saying, “I just wanted to give you the opinion of someone that is not invested in your situation. You will get absolutely nothing in Judge David E. French’s courtroom. He has already made up his mind about everything.”
This was wonderful input, even though it is not what I wanted to hear. I went home and thought about it.
Yesterday on April 14, 2015, I filed the following motion with the Court:
IN THE CIRCUIT COURT FOR THE 15TH
JUDICIAL CIRCUIT IN AND FOR PALM
BEACH COUNTY, FLORIDA
CASE NO. 502011CPOO5095XXXXSB
MOTION FOR DISQUALIFICATION OR RECUSAL
Plaintiff, Jason Halle, files this motion/affidavit/application pursuant to Rule 2.330 of the Rules of Judicial Administration, specifically Rule 2.330(d)(1) that the party fears that he or she will not receive a fair trial or hearing because of specifically described prejudice or bias of the judge. This motion/affidavit/application is also pursuant to Florida Statutes § 38.10, Disqualification of judge for prejudice; application; affidavits, etc. This motion/affidavit/application is also pursuant to Canon 3 E of the Florida Code of Judicial Conduct:
- My name is Jason Halle, I am over the age of eighteen and competent to issue this declaration. I am the Plaintiff in this action and make this declaration based upon my personal knowledge.
- I am a Pro Se litigant and certify that this motion/affidavit/application is made in good faith.
- In the transcript of the hearing held before the Honorable David E. French on April 8, 2015, (Exhibit 1), Judge French said on page 8, line 19, “Then he’s (the Defendant) going to be entitled to attorney’s fees. Now, the only issue is how much. That’s what the hearing is about.”
- Judge French has already prejudged the relief from his Order of May 31, 2013, that prohibits the Edward Halle Trust from paying attorney’s fees or litigation costs unless and until such relief is granted by the Court. (Exhibit A of Exhibit 2).
- On February 11, 2015, the Plaintiff served his Response to Defendant Peter Halle’s Motion to Permit Payment of Attorney’s Fees and Costs from the Edward Halle Trust Assets. In his Response the Plaintiff cites case law that the Defense attorneys have waived their entitlement to attorneys’ fees under Florida Law. (Exhibit 2)
- Judge French has already prejudged the motions having to do with attorneys’ fees and punitive sanctions requested in the Defendant’s motions concerning attorneys’ fees.
- In fact there are a total of seven motions pending before the Court:
- Plaintiff’s Motion for Relief from Order of September 25, 2013
- Plaintiff’s Motion to Strike Paragraphs 1, 2, 3, 4, and 10 of Defendant’s Motion for Sanctions
- Plaintiff’s Motion to Strike Paragraph 10 of Defendant’s Motion to Permit Payment of Attorney’s Fees and Costs
- Defendant’s Motion for Fees and Costs
- Defendant’s Motion to Permit Payment of Attorney’s Fees and Costs
- Defendant’s Motion for Sanctions
- Plaintiff’s Motion for Sanctions on Defendant Peter Halle’s Motion to Permit Payment of Attorney’s Fees and Costs
- Judge French continues on page 8, line 24 of the transcript (Exhibit A), “Your motion – you have a motion for relief for what?”
- On page 9, line 1, Mr. Halle (Plaintiff) responded, “Based upon the fact that Mr. White made fraudulent statements and committed fraud upon the Court which influenced your decision during that hearing.”
- Judge French then said, “Well, we don’t reargue things that have already been – it’s called res judicata, okay? We don’t reargue the motions. I have already made a determination.”
- Judge French has prejudged Plaintiff’s Motion for Relief from Order of September 25, 2013. (Exhibit 3) This motion is still pending before the Court.
- The law of the case, res judicata and collateral estoppel are not relevant in this situation because the facts in this motion are different from the facts in the original Hearing and the subsequent appeal that was per curiam affirmed. This was a conflict PCA with no written opinion. Which facts the Appellate Court ruled upon are unknown and do not include the facts in Plaintiff’s motion. This would make the application of res judicata inappropriate and not viable.
- It is clear from Judge French’s statements that he has already prejudged the pending motions before the Court.
- It is clear that Judge French has a strong bias against the Plaintiff and a strong positive bias for the Defendant.
- It is clear that there is substantial prejudice against the Pro Se Plaintiff.
- The Plaintiff has reasonable fear that he will not receive a fair hearing.
JASON HALLE, Pro Se
April 14, 2015