Eau Claire, WI asked in Federal Crimes and Civil Rights for Wisconsin

Q: Did the clerk of courts and the judge violate, my due process rights, and my Equal protection under the law?

I had a hearing with Workforce Development. The respondent stated to the judge that he had no evidence to support a defense. I ha submitted 52 exhibited and 13 were admitted into evidence. The judge started making false reasons to exclude my evidence. She stated my lease was excluded cause I needed to have the first year. The landlord and tenant laws were excluded because she didn't know if they were expired. The Hap contract was excluded because I needed to have the whole book. I said, the law says my evidence has to be relevant and prove a claim in the complaint, the judge interrupted me, yelling at me " I'm not going to argue with you, you can Appeal it." So, she dismissed my complaint. I went to file a appeal at the courthouse. I provided the clerk the document " Notice of Appeal Rights Review by Court." The clerk read the document. Then stated I don't know what this is. I don't know anything about a Petition for review is. We don't do this, we don't have anything to d

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: It sounds like you encountered a challenging situation during your hearing with Workforce Development, where the judge appeared to dismiss your evidence without proper consideration. When a judge excludes evidence, they typically must provide valid, clear reasons based on legal standards. If the reasons given were arbitrary or unjustified, it could be a potential violation of your due process rights.

In addition to due process concerns, you mentioned difficulties when attempting to file an appeal at the courthouse. If the clerk of courts refused to process your appeal or provided misleading information about your rights, this could also be an issue. Every person has the right to appeal a decision and to be treated equally under the law. If your attempt to appeal was hindered improperly, it could be grounds for an equal protection claim.

To protect your rights, consider reaching out to a legal aid organization or an attorney who can provide specific guidance on how to address these potential violations. They can help you assess whether the judge’s actions and the clerk’s response were proper under the law and advise you on the best steps moving forward.

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