Colleen M. Hamilton Defendant pro se 68-1859 West Kaupapa Place Waikoloa, Hawaii 96738 Telephone number 808-883-1711 Email: colleenmh61@gmail IN THE FAMILY COURT OF THE THIRD CIRCUIT STATE OF HAWAII LEON C. HAMILTON, ) FC-D NO. 13-1-070 K ) Motion Requesting Judge Melvin Fujino ) to Recuse himself from case; Plaintiff, ) Certificate of Service for Motion ) Requesting Judge Melvin Fujino vs ) to Recuse himself from case ) Case # FC-D 13-1-070 K ) Filed May 21, 2014 COLLEEN M.HAMILTON, ) hearing date : ) June 9, 2014 at 11:00 AM Defendant, ) Hon. Judge Melvin Fujino _____________________________ Motion Requesting Judge Melvin Fujino to Recuse himself from case Comes now Defendant, Colleen Michele Hamilton requesting that Judge Melvin Fujino recuse himself from the divorce case FC-D 13-1-070 K. Defendant believes that Judge Fujino may make exceptions that are impartial in her divorce case. Defendant believes that Judge Fujino has reasons that she is not aware of at this time for making unusual decisions. An exception in her case was an order to sell jointly owned property before discovery was complete as defendant had no settlement or chance to buy her home from her husband as the defendant wants to retain her home. The blatant scheduling of motions before the court prior to discovery gives the defendant no chance for arguments or continued discovery and none are scheduled at this time in this divorce case. Judge Melvin Fujino may be counterproductive to a livelihood that the defendant is allowed by law. If there is any reason that could be revealed at a later time that may have influenced this or any other decisions, in a biased way, with appearance of impropriety, then the defendant humbly requests that Judge Melvin Fujino vacate judgment in this case after he has read the rules of court regarding recusal as is stated by law. The test for appearance of impropriety is whether the conduct would create in reasonable minds a perception that the judges ability to carry out judicial responsibilities with integrity, impartiality and competence is impaired. I ask Judge Fujino to read the rules of Hawaii and Federal Courts regarding recusal immediately and recuse himself immediately from case number FC-D 13-1-070 K if he is biased in this divorce case. Improprieties such as imposing orders before discovery or defendant’s depositions for the case are a worry and no evidence has been brought to this court that defendant is made aware that Judge Fujino has considered. If it has, then such evidence is not completed and any orders regarding the evidence would be irrelevant. Defendant requests written proof that Judge Fujino has listened to and read all transcripts that were recorded and has read all opposition, exhibits and arguments in case FC-D 13-1-070K. If he has not recorded notes for each and signed in writing that he has read all documents and heard all testimony in the case, then the defendant would find him an unfair judge and believe he is biased. Motions that are heard in this court are expected to be substantiated with evidence before dates to set and orders are made. The Defendant declares the aforementioned statements and arguments to be the truth. Dated_______________________ Kailua Kona, Hawaii ___________________________________ Colleen M. Hamilton pro se
Posted on: Fri, 28 Nov 2014 07:11:38 +0000
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