I am excited to post this interview with James Nollet, an actual pro se litigant who has worked with the Citizens' Justice Institute! Here is some of the interview; please comment and let me know if you would like to see more of this and other interviews.
1. What was your particular legal issue(s) that you litigated pro se?
I would have to say that I pro-se litigated matters generally pertaining to domestic relations matters. I've been falsely accused of the following: domestic violence, violation of restraining order, and child molestation. I have been involved with the D-SS so-called "Fair Hearing" process as a pro-se litigant. I was in-and-out of Middlesex Probate and Family court many times seeking to end restraining orders against myself. I filed a pro-se appeal of one Restraining Order to the MA Appeals Court. I have sued several judges pro-se without success. My best action was filing for False Arrest based on a bogus legal theory behind an accusation of violation of restraining order. Basically, I was able to demonstrate that even if he accept the arresting officer's account at face value, it still did NOT add up to Probable Cause to issue the warrant. I survived his attorney-filed Motion for Summary Judgment. Afterward, in a very jocular, funny way, Judge Edward Harrington sort of convinced me to settle out of court with them, and I did, getting $5,000 for my troubles.
2. How did you find out about pro se litigation?
I would say it found me. One day, I was more or less reasonably, if not too happily, married. Then I had a verbal altercation with my spouse and she said if she didn't get her way, she'd tell the cops I'd beaten her. I refused to give way to her blackmail, and the rest is history. I was found NOT GUILTY of Domestic Violence at jury trial (for which I had an attorney). But Restraining Orders nevertheless ensued for several years thereafter and I found myself in the midst fighting them. She concocted a story that I'd supposedly molested her son. Being a foreign national, she wasn' hip enough to place the venue of the supposed acts inside MA; she complained that they allegedly happened in NYS. I was told that the only reason didy didn't arrest me -- despite the TOTAL lack of any corroborating evidence, and despite the CLEAR motivation of my ex to "get" me -- was because the alleged incidents happened out-of-state. Nevertheless, I was involved within the administrative machinery of D-SS for several years thereafter. I filed an Appeal of their own upheld finding of "probable cause." I had a MOST sympathetic judge in my case -- Judge Volterra Vierri of Superior Court. He has much as said that if he were trying the case de novo, he'd find for me, but his hands were tied because I was appealing only an administrative finding. In summary, I was just living a normal life, and suddenly found that I had extraordinary legal needs that I couldn't possibly pay any attorney to do for me, so I was forced to learn how and do it myself.
3. Have you had bad experiences with lawyers in the past that lead you to believe they were unnecessary or detrimental?
I would not say I've personally had bad experiences with attorneys -- though I know plenty of men who have reported this. I already mentioned to you the example of that Boston DJ who's sitting in Riker's Island in NYC. Basically, he supposedly molested the daughter of a girlfriend FOUR YEARS AGO, but the case wasn't reported to the authorities until a half-year ago. I doubt the incident ever happened, but even if it did, I doubt VERY MUCH whether at this point there is a SHRED of corroborating evidence to support the charge. The case is so much BS -- yet, he's being held in lieu of bail. The DJ swears up and down that he's innocent. Anyway, he recently dismissed his Public Defender on grounds that the PD was doing NOTHING for him. So I know this happens. But in my case, it was not bad experiences with attorneys as such, but rather it was bad experiences with Due Process. I could see that for the sorts of legal problems I had, the deck was stacked against me because I am male. Even if I could have afforded an attorney to handle my needs, there would have been no point to it, because the attorney couldn't have made any difference anyway. Atty. Grossack once told me that he refuses as a matter of principle to handle domestic relations cases because he knows he can't help his clients, and taking their money is tantamount to pick-pocketing. So THAT is what drove me to pro-se litigation -- despair that any amount of professional representation could give me a fair, even shake in court.
Tuesday, April 7, 2009
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment