Wednesday, June 25, 2008

Motion For Recusal Of Judge Hotchkiss

I am having to file this myself, late, because I don't have anyone helping me, and have little time and resources to do this myself. It's a sloppy motion, but at least it will be in the record:

MOTION FOR RECUSAL


I, Cameo Garrett, absent any response from a public defender for assistance, make this Motion on my own, and request Judge Hotchkiss recuse himself from this case, for prejudice, and that he make no further orders or decisions for this case until I am given a copy of the transcript from the last hearing, to use as showing of prejudice under appearance of fairness doctrine.

RCW 4.12.050 provides for the timely removal of a judge, one time, where prejudice or bias is noted. Outside of provisions of this statute, another form for removal is provided through Due Process, Appearance of Fairness doctrine, and Canon 2(B) and Canon 3A (5) from the Code of Judicial Conduct. See State of Washington v. Javier Gonzales Pantoja. Recusal is required if impartiality might be reasonable questioned (Dominguez, 81 Wn.App at 328.).

I believe Judge Hotchkiss has established bias against me in this case and has abused his discretion. Please see my declaration for history of facts.

I respectfully request an abatement or continuance to the Contested Sheltercare hearing which is scheduled for today, until this matter is resolved, and until I am fully represented by effective legal counsel. If the court proceeds today, without my waiver to counsel, and with the prejudice of Hotchkiss already on record, I know I will lose and that my case will be further prejudiced.

I also request public defense and make my argument for counsel in the following declaration as well.



Cameo Garrett

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