Q: With Covid19 in effect what are the legal guide lines for phone hearings? Why are they not recorded?
I had an exceptions hearing over the phone, opposing council was allowed to talk and I was not, I was the one that filed for exceptions. I don't understand how that is legal, and when I tried to get a copy of the hearing they said that they weren't recording them? When I asked the judge about the unfair hearing I got no reply. If you have a phone hearing and nobody knows what was said, can't the judge do whatever they want, say whatever they want? I have discovered as a Pro se defendant that in Collier County Courts the judges and lawyers all talk on a first name basis, they even did it during the phone hearing, how is that legal? Isn't that a Good ol' boy relationship, or a conflict of interest? How can you get a fair hearing or even a trail?
A:
Of your list of grievances, the only one that seems to be a possible infringement of your rights was the denial of your right to argue on your own behalf. That is a procedural due process right IN GENERAL for pro se litigants in hearings, with some exceptions. Relief for a trial court judge's violation of such right may be sought in the appellate court.
For recording a hearing, usually a court reporter must be ordered in advance by any party, whether the hearing be in person, phone, or videoconference. You could have asked the Court in advance for permission to record. Even if the Court would have allowed it, though, an appellate court would probably not listen to the recording; you would have to have a court reporter transcribe it. The appellate rules also permit the parties to stipulate (agree) to facts of lower proceedings that were not transcribed, so if you were to succeed in getting opposing counsel to agree to your version of what was said and not said, you probably wouldn't need a transcript in support of an appeal regarding that point of contention.
Regarding the lawyers and judge addressing each other by first name, that would be highly unusual here in the South Fla. Tri-county area where I am, but don't know about Collier. In any event, that alone would not violate any rules or support a motion for disqualification of the judge. Something more would have to be proven to show bias - either judicial comments explicitly reflecting bias, or something in the background of the relationships. A private investigator could attempt to dig up such information, but if you can't afford an attorney, you likely can't afford a private eye, either.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.