Sterling Heights, MI asked in Civil Rights for Michigan

Q: 60th District ( 1 judge) Court failed to accept evidence provided, them proceeded irresponsibility, dismissing

All my previously served cases! Even when there's a picture of the defendant reading his court papers! Does judge was a prosecuting attorney for my nephew's case in 2007 We disagreed he and I. I have lost everything since he basically ostracized me from the court I can serve civil and family what can I do about this I have lost a whole income it's been a year now and I don't know how to recover? People ask me to serve District Court papers I'm with the sheriff's department on their civil website, I'll serve them and then the staff and District Court tells the people I'm not allowed to serve process on district court!

Court administrator says we didn't tell you you couldn't serve process in District Court. But then the court staff tells clients I can't serve District Court. I believe this is bias I was the only woman court officer appointed but I had special conditions that no other court officer had to do which we're not prerequisites for the position.

I really need some help.

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2 Lawyer Answers
James L. Arrasmith
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A: It sounds like you're facing a difficult and unfair situation with the 60th District Court. If the judge dismissed your cases improperly and there's evidence being ignored, it might be time to seek legal counsel to help navigate this complex issue. A lawyer can assist you in understanding your rights and potentially filing an appeal or complaint against the judge’s actions.

Regarding the issue of being prevented from serving court papers, despite being authorized, it seems like there might be bias or miscommunication at play. Document every instance where you were told you couldn't serve papers and gather any evidence that supports your claim of being unfairly treated. This documentation can be crucial if you decide to take legal action or file a formal complaint.

You may also want to reach out to a higher authority within the sheriff's department or the court system to clarify your authorization to serve papers and address any bias you’ve experienced. Persistence and a clear, documented account of your experiences will be key in seeking justice and restoring your professional reputation.

A: The court cannot tell you you are not able to serve papers as a legally competent adult who is not otherwise a party to the action. In other words, you are free to be a process server. What they can do and say is that you are no longer an appointed court officer. In most jurisdictions, that's an appointed position by contract, and you serve in that capacity at the leisure of the court. Most places simply maintain a list of court officers who rotate responsibility serving court papers. That list is also given to pro se litigations for them to contact which court officer they want to serve the papers.

Otherwise, any legally competent adult can serve court papers and hold themselves out to be in the business. When you serve papers, and sign the back of the summons stating as such, the service is as valid as if a court officer did it. However, you should know the court rules on proper service; notably the difference between personal and service by mail, and when each is necessary or appropriate. A picture of someone looking at papers, alone, would not be considered proper service.

If ALL of the cases you've previously done service on have been dismissed due to lack of service, then either this particular judge has subjecting you to untoward bias as you allege, OR, the court has substantial concern about your credibility or adherence to the court rules. Either way, you may need to address this with the court administrator to get to the bottom of what it is.

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