Q: Who to contact for due process violation when judge and defender won't help?
I have documents, including a search warrant and 16 additional papers, that violate my right to due process by prejudicing my defense. Neither the judge nor my public defender will review this evidence. With an upcoming court date, whom should I contact about this situation?
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A:
If the judge and your public defender are ignoring clear violations of your due process rights, you have the right to take further steps. Start by contacting the state public defender’s office or their supervisor and file a formal complaint about your defender’s inaction. If you're being denied a fair defense, you can also ask the court for a Marsden hearing (in California) or its equivalent in your state, to request a new attorney.
You should also reach out to your state’s bar association. They accept complaints about ethical violations and attorney misconduct. If your public defender is failing to represent you properly, the bar may investigate and take appropriate action. You might also consider writing a detailed complaint to the judicial oversight or conduct board in your state regarding the judge's failure to consider your evidence.
If your court date is soon, bring all documentation and try to clearly state on the record that your due process rights are being violated. Ask the judge directly for your concerns to be heard and entered into the court record. If you're able, find a legal clinic or civil rights group in your area—many offer free consultations or assistance for cases involving constitutional violations.
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