Judge Corruption

Judge Corruption in Palm Beach County

Judge Coruption

Judge Corruption

The Palm Beach Post has now written many articles on since January 14, 2016 on the rampent Judge corruption in the Palm Beach Probate Court at the South County Courthouse. Most of the articles on Judge corruption were written by John Pacenti – Palm Beach Post Staff Writer.

Judge picks fight with ex-mobster; history of conflict with wife

Why this man regrets tapping judge’s wife as his dad’s guardian

Is taking fees before a judge approves them legal?

Judge’s finances show history of unpaid debt, IRS liens, foreclosures

How we got the story: ‘Mini estate sale’ on Craigslist started it off
(The estate sale was at the address of Palm Beach County circuit Judge Martin Colin)

Chief judge investigating Post’s findings on Colin, Savitt

Mother of Judge Colin’s grandson says she fears is influence

Explore the Documents

Editorial: Who’s making sure guardians don’t prey on the vulnerable?

In an effort to shed more light on the Judge corruption, inappropriate and distasteful behavior going on in the South County Courthouse of Palm Beach County, I wrote a letter to the Honorable Judge Colbath on January 25, 2016 and sent a copy to John Pacenti at the Palm Beach Post.

The letter read:

The Honorable Jeffrey Colbath
Chief Judge, Fifteenth Judicial Circuit
205 N Dixie Highway
West Palm Beach, FL 33401

Re: Judge David E. French, South County Courthouse
Case No: 502011CPOO5095XXXXSB

Dear Judge Colbath,

I applaud the work of John Pacenti of the Palm Beach Post for bringing to your attention the corruption caused by Judge David French. His actions have ruined people’s lives or at the very least he has engaged in behavior that diminishes the confidence of the public and the regard they have for your Honorable Court.

In my case before Judge French, I was a qualified beneficiary of a Florida Trust. No person ever disputed that fact. The Trust document clearly called or an immediate distribution and termination of the Trust in 2007. No person ever disputed that fact either.

I alleged that two of the opposing attorneys, from the Richman Greer law firm, committed fraud upon the court which is very well documented. Judge French refused to grant me an evidentiary hearing as prescribed by Florida law to prove my allegations. He did not allow discussion of it during hearings. Instead Judge French acted on the false information of the attorneys and dismissed my case with prejudice.

The opposing attorneys had been aiding their client, the defendant Peter Halle, to violate about a dozen Florida statutes during an eight-year period. They had been representing him since 2008. After dismissing the case without giving me an opportunity to correct any deficiencies, Judge French then awarded his friends at Richman Greer $183,811.48 in legal fees.

There had not been any previous dismissals of my complaint or any of the causes of action before the hearing where Judge French dismissed the complaint with prejudice. I will be happy to provide a copy of the transcript plus any other documents to corroborate any statements I am making.

When Judge French started prejudging motions, telling me how he was going to rule in future hearings, I filed a motion for him to recuse himself. He denied that motion and then ruled on my motions exactly as he had said he would weeks earlier before hearing them or reading the pleadings.

Judge French ruled in favor of a defendant that was in violation of the law, ruled against a qualified beneficiary that no person had disputed, and rewarded the lying attorneys that are his friends $183,811.48. I know Judge French was friends with the Richman Greer attorneys due to an article on the internet and because before hearings they would openly discuss personal things. If nothing else this was very intimidating and created an uneven playing field.

I still have not received any of the money my father put in Trust for me. Judge French told me the Trustee (the defendant) could run the trust however he pleased (even if it was contrary to Florida law – my comment).

I had asked Judge French what would happen if due to his ruling the Trustee never distributed my portion of the Trust. He told me that would never happen. But, Judge Colbath, that is exactly what did happen.

Corrupt judges have no place in a democracy that depends upon them to maintain law, order, justice and the principles of the constitution of the great United States of America.

One last thing Your Honor, I am enclosing a comment that was posted on my website on January 7, 2016 by Peter Davis. If the allegations in his post have any validity at all, then you can add depraved morals to the other allegations against Judge French.

I am a disabled senior citizen and my life has been ruined by Judge French’s inappropriate actions. I even had to sell my home.

Very respectfully yours,

Jason Halle

cc’s: John Pacenti – via email
Peter Davis – via email

This was posted on my website www.jasonhalle.com on January 7, 2016.

Link to the post

I spoke with Mr. Davis and he said this happened around February of 2015. He told me his ex-wife’s name is Leslie Rea. I have done no further investigation regarding Mr. Davis’ shocking allegations.

Mr. Davis wrote:

I HAD AN EXPERIENCE WITH JUDGE DAVID FRENCH AS WELL
HE WAS A GOOD FRIEND OF MINE UNTIL I FOUND HIM HAVING AN AFFAIR WITH MY NOW – EX-WIFE – WHILE THE AFFAIR WAS GOING ON – HE WAS MY ACTING JUDGE FOR MY DIVORCE – HE WAS ADVISING ME AS TO WHAT TO DO AS I DID NOT HAVE AN ATTY – ONCE I DISCOVERED THE AFFAIR HE RECUSED HIMSELF

I WENT TO THE DISIPLINARY BOARD FOR JUDGES – AND ASKED FOR AN INVESTIGATION – THEY ARE AN “OLD BOYS “CLUB AND SAID THAT IF I DID NOT HAVE VIDEO TAPE OR RECORDINGS THEY WOULD NOT PROCEED EVEN THOUGH I TOLD THEM THERE WERE MANY WITNESSES

JUDGE DAVID FRENCH IS THE LOWEST FORM OF HUMAN AND IS THE MOST DISHONORABLE JUDGE IN PALM BEACH COUNTY
IF YOU WOULD LIKE TO EMAIL ME ABOUT ANY OTHER IMPROPRIETIES THIS SLUDGE HAS DONE MY EMAIL IS CHONNEY@AOL.COM

PETER DAVIS

More Reading on Corruption in Palm Beach Probate Courts

Judge David French, Judge Martin Colin and the Corrupt Overreaching Florida Probate Courts

Judge Jeffrey Colbath

Judge Jeffrey Colbath Investigates

Judge Jeffrey Colbath Investigates

Chief Judge Jeffrey Colbath

Investigating Judge David E. French and Judge Martin Colin in the Palm Beach Probate Court.

John Pacenti, a courageous Palm Beach Post Staff Writer is writing about the corruption in the Probate Division of the South County Courthouse of Palm Beach County.

It started with Elizabeth Savitt, a tennis pro turned professional guardian, profiting from her marriage to the sitting Judge Martin Colin. There have been complaints from families of double billing and sending disputes to court to run up fees.

Judge David E. French, a friend of Judge Martin Colin and another sitting judge on the Probate Court adjudicated most of Elizabeth’s cases. Many of the cases involved multimillion-dollar estates.

Savitt even pursued seniors’ money after their deaths, taking $30,000 in one probate case without court approval and with no apparent justification other than it was to be, “held in trust.”

Families say they have depleted their own savings fighting her and Judge David French to no avail.

For more information you can go to: The Palm Beach Posts article

Chief Justice for Palm Beach County, Jeffrey Colbath said in an email to The Palm Beach Post that he is in fact-finding mode and “is preparing to make appropriate changes to address concerns.”

For more information you can go to: The next Palm Beach Post article

In a similar recent case before Judge David French, fees of $183,811.48 were awarded to the judge’s friends at the Richman Greer law firm.  Even though their client Peter Halle had been violating Florida laws for more than eight years and the Richman Greer attorneys were aiding and abetting him since 2008, they were still awarded those outrageous fees that diminished the beneficiaries share of the trust.

For more information you can go to: New lawsuit filed in Broward Civil Court

Jason Halle was a qualified beneficiary of the Edward Halle Trust and a qualified disturbutee as well.

The trigger for disbursement and termination of the Edward Halle Trust occurred in August of 2007. Peter Halle, the Trustee breached the trust and ignored its instructions. He then hired 10 attorneys at the powerful law firm of Richman Greer, good friends of Judge David E. French. The Richman Greer attorneys aided him in continuing to breach the Trust and violate Florida law.

Judge French ruled against the qualified beneficiary and qualified distributee that had never been challenged, ruled for the lawbreakers and paid his friends at Richman Greer — $183,811.48.

For more information you can go to: Judge French rules against Qualified Beneficiary

I am glad that after such a long time John Pacenti, an amazing Palm Beach Post Staff Writer has been able to bring the corruption in the Palm Beach Probate Court and the pain to the families that are the victims of the corruption in that Court to the consciousness of the public.

I wrote a letter to Judge Jeffrey Colbath on January 25, 2016. Here is a link to it: Letter to Jeffrey Colbath . He never had the courtesy or felt a responsibility to reply to me.

Corrupt judges have no place in a democracy that depends upon them to maintain law, order, justice and the principles of the constitution of the great United States of America.

Judge French Awards $183,811.48
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Judge David E. French

Judge David E. French Awards

Judge David E. French Awards $183,811.48 to Peter Halle

Click on my photo above to read an article one of Judge David E. French’s buddy’s, Adam M. Myron, a partner of Richman Greer, wrote about his good old friend the Judge. Adam was one of the attorneys that this award was based upon.

I am Jason Halle. I am a qualified beneficiary of the Edward Halle Trust and a qualified distributee as well.

In 1987 Ronald Siegel, an attorney that was practicing law in Boca Raton, Florida, wrote a easy to understand Trust document for my dad, Edward Halle. It clearly stated that upon the death of my mother, Elaine Halle, the trust was to be distributed immediately to the beneficiaries and then terminated.

The trigger for disbursement and termination of the Trust occurred in August of 2007. Peter Halle, the Trustee chose to ignore the instructions of the Trust and refused to make the distributions and terminate the Trust. This was a breach of the Trust as well as a violation of at least a dozen Florida laws. Peter Halle never gave a reasonable explanation regarding his actions.

I hired two attorneys to try to get my brother, Peter Halle, to follow the instructions of the Trust and the laws of Florida. My attorneys were ignored, one of them for a year and a half.

In my opinion Peter Halle was playing with me. I felt he was like a child pulling the wings off a fly. Peter Halle was well aware of my heart condition, previous heart surgery, AIDS, cancer operations, etc.… Peter Halle just seemed to be enjoying my suffering and waiting for me to die so he could keep all the money.

In 2011, I tried find an attorney to help me. It was obvious at this point that going to court was the only option because Peter Halle kept breaking the law and breaching the Trust. Peter Halle was even filing fraudulent tax returns for the Trust, implying that he was making distributions that never in fact happened. This raised my tax liabilities and caused me further harm.

After copying the file many times and delivering it to many attorneys and having many consultations, all of the attorneys I met with refused to represent me or I could not afford them. They were all very positive until I mentioned that my brother’s wife, Carolyn B. Lamm was recently the President of the American Bar Association (2009-2010).

I decided to take the matter to the probate court in West Palm Beach myself, without an attorney. My reasoning was, I am a qualified beneficiary, a qualified distributee and I have a valid Trust document created by Ronald Siegel. Esq. of Boca Raton, Florida.

My brother Peter Halle, a well-established lawyer licensed to practice in Florida and the District of Columbia, was breaking the law, breaching a Florida Trust and had filed a Notice of Trust with the Palm Beach Court in 2007. I figured, what could go wrong?

WOW, everything went wrong. But not at first. The case was assigned to Judge James Martz. Judge Martz seemed to be very impartial and things were going along very well while he was presiding.

Then there was a rotation of Judges. Suddenly Judge David E. French became the Judge in charge of this case. Impartiality seemed to disappear. Judge David E. French always appeared to be angry at me. Many times he told me I should hire an attorney, that probate court was no place for a pro se litigant. This seemed harsh since it was my right to obtain justice from the probate court, with or without an attorney. Since I could not find an attorney to represent me that I could afford, I did not seem to have any other options. Believe me, I tried.

My brother, Peter Halle’s response was to eventually hire ten (10) of top attorneys in Southern Florida to work on the case. They were Alan G. Greer, Charles H. Johnson, Michael J. Napoleone, John “Jay” G. White III, Adam M. Myron, Ethan J. Wall, Joshua I, Spoont, Leslie A. Metz, Marta Stypulkowski, Georgia A. Buckhalter, all from Richman Greer.

I later learned from testimony in court by Michael J. Napoleone that Peter Halle’s wife, Carolyn B. Lamm was good friends with Alan G. Greer. It was because of their special relationship and the fact that Carolyn had been a past President of the American Bar Association (ABA) that Richman Greer was not concerned about not being able to find a fee agreement between any of the parties. By law, as a qualified beneficiary, I should have been provided a fee agreement when attorneys were first hired by the Trust if there had been an agreement as they claimed.

Carolyn B. Lamm used her enormous legal expertise to help her husband Peter Halle violate the Florida laws and breach the Trust. Carolyn, besides being a past President of the American Bar Association (ABA) is also a Florida attorney.

On June 6, 2013, John G. “Jay” White, III and Michael J. Napoleone of Richman Greer stated in a court document that, “Notably, Plaintiff’s motions (my motions) to amend have not arisen as a result of the Court’s dismissal of any of Plaintiff’s prior complaints or claims…”

Then on August 28, 2013, just a few weeks later with no hearing in between, in the Courtroom of Judge David E. French, John George White, III, stated, “And this – I don’t know if it’s leverage or what – but the plaintiff keeps filing these lawsuits, they keep getting dismissed, chewing up, you know, money potentially that’s in the trust and there’s not a lot of it and I think it’s time that Your Honor dismiss it with prejudice.”

It’s amazing to me how “not arising as a result of the Court’s dismissal of any of Plaintiff’s prior complaints or claims” can magically turn into, “they keep getting dismissed” in Judge David E. French’s courtroom and the Judge wouldn’t acknowledge it or let it be discussed. It was like having an 8,000 pound elephant in the room that was off limits!

On November 13, 2015, Judge David E. French signed a Final Order allowing Peter Halle, Trustee for the Edward Halle Trust, to reimburse himself from the Trust in the amount of $173,490.48 for the fees he paid to Richman Greer. Then another $6,046.00 to Richman Greer for Trust Administration. The Order also allowed payment of another $4,275.00 to attorney John B. Murray, Esq. So that comes to a total of $183,811.48.

Trust administration? Where was there any Trust administration other then the fraudulent tax returns and a refusal to follow the instructions of the Trust?

There still has been no distribution and termination of the Trust. Florida laws are still being violated by Peter Halle.

My claims had been reasonable. Fraud upon the Court had been committed. My status as qualified beneficiary and qualified distributee had never been challenged. The Edward Halle Trust or any of its instructions had never been challenged.

Judge David E. French stated in his Final Order, “The Court now states what the record accurately reflects: that the results obtained for the Defendant by its attorneys virtually could not have been better.” That is an understatement. They must have said the same thing about O.J. Simson’s attorneys.

If you are an honest person with a serious problem that needs legal resolution in the probate court; if you are not rich; a privileged millionaire; or have powerful contacts in Washington and you find yourself in Judge David E. French’s courtroom, in my opinion you are in very big trouble.

Do you have a valid will or Trust that specifically states who the beneficiaries are? Not important in Judge David E. French’s courtroom.

Are you an attorney that believes the best way to win a lawsuit is to lie to the Judge? This is not a problem in Judge David E. French’s courtroom either. Every time I tried to bring this up I was silenced by Judge French. When I wrote a motion asking for a rehearing due to John “Jay” G. White’s Fraud Upon the Court, he dismissed it without even hearing any arguments.

When I asked Judge David E. French to recuse himself because he was prejudging motions, he refused.

This is my story. It is true and I have the documents to prove everything I’ve said. The opinions stated are my own.

Judge David French Hearing
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Judge David E. French Hearing

Judge David E. French Hearing

Thursday November 12, 2015 at 3:00 p.m.

Judge David E. French, Courtroom 2

200 West Atlantic Avenue, Delray Beach, FL 33444

Come to the hearing and experience the Florida Probate Court in action. Here is a Preliminary Statement from a Memorandum filed with the Court. I hope you can attend and witness this for yourself.

PRELIMINARY STATEMENT

Believing that he was entitled to a distribution of the Trust upon the death of Edward Halle and Elaine Halle (2007) in accordance with the Trust Document written in 1987, Jason Halle commenced an action against Peter Halle in 2011, some four (4) years after the Grantor’s wife, Elaine Halle’s death.

Peter Halle the trustee for the Edward Halle Trust, a well-established attorney in his own right, hired a very prestigious law firm in Miami, Florida (Richman Greer P.A.).  Prestigious or not, Jason Halle continued with his lawsuit after years of communicating with Peter Halle to no avail. After Jason Halle’s attorney, Nola Richardson presented a valid settlement proposal and Jason Halle waited one and a half (1.5) years to get an acknowledgement from anyone at Richman Greer.  With no distribution or explanation, Jason Halle saw no alternative.  While Jason Halle was a pro se litigant and not always as well versed as the attorneys, his claims were not without merit. They were however ignored.

Everyone refused to acknowledge that the Trust called for distribution upon death. It was not being distributed and Jason Halle’s extremely poor health demanded that distribution be made.  Eight years later his health has diminished and he has lost his beloved home.  Why? For just the desire of his brother, Peter Halle, to keep the money away from Jason Halle. He was backed up by ten (10) additional attorneys that he hired. That is exactly what was done. The attorneys are now asking to be compensated for their successful efforts to aid and abet their client Peter Halle’s violation of many Florida Statutes and to aid him in successfully disregarding the Grantor, Edward Halle’s very clearly written wishes.

After lying to the court by telling the judge that Jason Halle’s several amended complaints had been dismissed by the court (there were no dismissals), the court dismissed his last complaint with prejudice and now is considering awarding the attorneys of some $241,000 in attorney fees.

Judge Rules
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Judge David E. French Courtroom in Delray Beach, Florida

Judge David E. French Courtroom in Delray Beach, Florida

The hearing on June 16, 2015, went exactly the way Judge French had prejudged it would during the hearing on April 8, 2015.

My motion for relief was denied. My attempt to question the Richman Greer attorneys about the lies that were told in Court on August 28, 2013, was not allowed despite the law stating that in allegations of Fraud Upon the Court there should be an evidentiary hearing to determine the truth.

If Judge David E. French had allowed such a hearing or granted the motion for relief both John G. White, III and Michael J. Napoleone from the law firm of Richman Greer could have been brought up on charges of misconduct. Judge David E. French was not going to let that happen to his colleagues.

So, in fact it did boil down to how much of my brother’s attorney’s fees I would have to pay.

I kept telling Judge David E. French, My father left me a quarter of a million dollars, I came to this court for help to collect it. This court has never denied that my brother owed me a quarter of a million dollars or that he has broken a dozen Florida laws and been in Breach of Trust for eight years.

Judge David E. French admitted that this was all true.

Judge David E. French was not moved. Just as he had prejudged on April 8, 2015, all he cared about was determining how much my brother’s attorneys would collect for getting the case dismissed despite the fact that there was no reasonable explanation as to why the case was really dismissed. It certainly was not in accordance with the way I read the case laws of Florida.

The positive things that came out of the hearing:

  1. Judge David E. French ruled the attorneys from Richman Greer could not collect fees for their work on the appellate portions of this case.
  1. The request by my brother’s attorneys that I be personally liable for all the fees because they claimed this case was frivolous and without merit was denied.

There also has been no resolution in this case that requires my brother, Peter Halle, a Florida attorney, to stop violating Florida laws or to distribute any of the money my father left to me.

Back Story

Hearings – June 16, 2015
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A Hearing before Judge David E. French

was held on

Tuesday, June 16, 2015 at 2:00 p.m.

Hearing on June 16, 2015

Hearing on June 16, 2015, before Honorable Judge David E. French

The hearing before Judge David E. French was held on:

Tuesday June 16, 1015, at 2:00 p.m.

South County Courthouse, 200 West Atlantic Avenue, Courtroom 2

Delray Beach, Florida 33444.

There already had been Orders that stated that there will be NO consequences for Peter Halle, a Florida Attorney, that has violated about a dozen Florida Statutes (laws) and has been in breach of Trust for about eight years.

The Appeal Court has decided that there has been no prejudice involved in that ruling even though I still don’t have my inheritance and the ruling allows my brother Peter to keep the money. All of the attorneys involved just keep focusing on the fees they are getting and that they have protected one of their own.

The bias against this Pro Se litigant is immense. This whole court action seems to have degenerated into how to save the Defendant, a Florida Attorney who was in Breach of Trust for eight years and who had violated a dozen Florida Statutes. The goal being that he have no negative consequences for his unlawful actions.

Then the next objective of the Court was not to allow any evidentiary testimony that would confirm that John G. White, III of Richman Greer law firm in West Palm Beach and Miami was guilty of misconduct for committing Fraud upon the Court. More Florida attorneys escaping negative consequences of their actions.

Now the victim, Jason Halle, is being told that according to Judge French’s ruling the Defendant Peter Halle can keep the money and Jason will have to pay one half of the Defendant’s legal fees!

Judge David E. French agrees that the Court never found that Peter Halle was not in Breach of the Trust. He also agreed that the Court never found that Peter Halle was not in violation of the many Florida Statutes in the Complaint.

Judge French never stated that John G. White, III of Richman Greer in West Palm Beach and Miami had not committed Fraud Upon the Court.

Judge French knew that Jason Halle is gay, has been HIV+ for 36 years, has a heart condition, is a cancer survivor three times and ran out of money while trying to get his brother to disburse his inheritance according to the terms of the Trust Document.

It seems to make sense why Judge David E. French is bias towards all of the Florida attorneys involved. He knows them. The Defendant’s wife, Carolyn B. Lamm, is a past President of the American Bar Association (2009 – 2010). They are all members of the same powerful club that reaches all the way back to Washington, DC.

I have always paid my taxes and tried to do the right and honest things in my life. I am naive, because I do not understand were all of the negative bias towards me is coming from. I expected justice from the Palm Beach Circuit Court.

All of the motions had been prejudged at a previous hearing. A Motion to Recuse had been Denied. A Petition for Writ of Prohibition had been denied. Everything ended up going down exactly as Judge David E. French had previously prejudged.

Is this a situation about powerful organizations protecting their own? Rich, powerful, politically connected lawyers and a gay, HIV+, Jewish, senior citizen with limited resources.

Everyone should be interested. If the courts are willing to do this to me, you can be sure they will be willing to do this to you.

 

The Back Story

Richman Greer Attorney tries to influence Judge
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John G. White of Richman Greer is trying to influence Judge French

John G. White of Richman Greer is trying to influence Judge French

A letter that I wrote to Judge David E. French yesterday pretty much sums up what Mr. John G. White, III of Richman Greer is attempting to accomplish.

There is still a Petition for Writ of Prohibition in the Appellate Court that has not been decided.

Mr. White seems anxious to try to push things forward quickly before any ruling from the Appellate Court so that he will not lose a Judge that is prejudging motions in his favor.

Here is the letter I wrote:

Dear Judge French,

This morning Mr. John G. White, III of Richman Greer sent you a letter asking you to sign a proposed Order Scheduling a Special Set Hearing on “all pending motions” for Tuesday, June 16, 2015 at 2:00 p.m. reserving two hours for same. (Copy Enclosed)

Mr. White neglected to inform you that on May 31, 2015, he was served with a Motion to Stay Further Proceedings in the Lower Tribunal. (Copy enclosed)

Mr. White further neglected to inform you that I had sent him an email on May 31, 2015, informing him about the UMC hearing on June 16, 2015, and that according to your suspension calendar you would not be available the week before. (Copy enclosed)

The hearing at your UMC has already been noticed and the Notice has been filed. (Copy enclosed)

In the proposed Order sent to you by Mr. White, it would make it impossible for me to comply with the requirements for submission of all relevant pleadings, etc… to be in your Court 7 days prior to the hearing.

I am not in agreement with Mr. White’s proposed Order and believe it would be in violation of the Florida Rules of Appellate Procedure.

Thank you very much.

Very respectfully,

Jason Halle, Pro Se

Writ of Prohibition
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Petition for Writ of Prohibition

Writ of Prohibition to Disqualify Judge David E. French

A Petition for Writ of Prohibition was filed in the Fourth District Court of Appeal to disqualify Judge David E. French

On May 7, 2015, Jason Halle, Petitioner, filed a Petition for a Writ of Prohibition in the Fourth District Court of Appeal. The Petition for the Writ is to Disqualify Judge David E. French of the 15th Circuit Court in Palm Beach County. Judge French had signed an Order to Deny the Motion to Disqualify or Recuse Judge David E. French on April 22, 2015.

In a hearing on April 8, 2015, Judge French had started prejudging motions from the bench that had not yet been heard. The showed a strong bias against the Plaintiff and a strong positive bias for the Defendant.

It became clear that the Court had substantial prejudice against the Pro Se Plaintiff.

Jason Halle, the Plaintiff, has reasonable fear that he will not receive a fair hearing in Judge David E. French’s courtroom at the South County Courthouse in Delray Beach, Florida.

Copy of Petition for Writ of Prohibition

Judge David E. French Will Not Recuse Himself
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Judge David E. French

Judge David E. French will not recuse himself

On April 28, 2015, Judge David E. French mailed me an Order Denying Petitioner’s Motion to Disqualify Judge David E. French. The order was dated on April 22, 2015, despite the fact that it sat in his chambers for 6 days before he mailed it.

Copy of Envelope

Copy of Order

Back Story

Photo and Bio of Judge French

Now it will be necessary to file a Petition for Writ of Prohibition with the Fourth District Court of Appeal.

No one on this planet other than me seems to find any of this unusual. It just seems to be business as usual in the 15th Circuit Court in Palm Beach County.

 

 

Judge David E. French
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Hearing before Judge David E. French

Click here for bio of Judge David E. French

For bio of Judge David E. French click on graphic.

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

JASON HALLE,
Plaintiff,

vs.

PETER HALLE,
Defendant.
__________________________ /

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:

  1. 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.
  2. I am a Pro Se litigant and certify that this motion/affidavit/application is made in good faith.
  3. 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.”
  4. 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).
  5. 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)
  6. 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.
  7. In fact there are a total of seven motions pending before the Court:
    1. Plaintiff’s Motion for Relief from Order of September 25, 2013
    2. Plaintiff’s Motion to Strike Paragraphs 1, 2, 3, 4, and 10 of Defendant’s Motion for Sanctions
    3. Plaintiff’s Motion to Strike Paragraph 10 of Defendant’s Motion to Permit Payment of Attorney’s Fees and Costs
    4. Defendant’s Motion for Fees and Costs
    5. Defendant’s Motion to Permit Payment of Attorney’s Fees and Costs
    6. Defendant’s Motion for Sanctions
    7. Plaintiff’s Motion for Sanctions on Defendant Peter Halle’s Motion to Permit Payment of Attorney’s Fees and Costs
  8. Judge French continues on page 8, line 24 of the transcript (Exhibit A), “Your motion – you have a motion for relief for what?”
  9. 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.”
  10. 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.”
  11. 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.
  12. 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.
  13. It is clear from Judge French’s statements that he has already prejudged the pending motions before the Court.
  14. It is clear that Judge French has a strong bias against the Plaintiff and a strong positive bias for the Defendant.
  15. It is clear that there is substantial prejudice against the Pro Se Plaintiff.
  16. The Plaintiff has reasonable fear that he will not receive a fair hearing.

Respectfully submitted,

JASON HALLE, Pro Se
jason@jasonhalle.com
April 14, 2015

This motion is a public record and is filed with the Circuit Court for the 15th Judicial Circuit in and for Palm Beach County, Florida.

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