how can they do this?
I was arrested in WI for driving after revocation. I honestly did not know I was revoked at the time. The revocation was due to a DUI the previous year and my insurance had lapsed, but I never received notification from the DMV. I reinstated both my license and my insurance the very next day. When I went to court even though every single other DAR case was offered a reduction of charges if they got their license, I was not because my revocation was due to a DUI (although so were two others and they were offered deals) By the time my case got to court, I had become unemployed due to health issues (cancer and kidney disease), my case was postponed when I explained the circumstances to the judge and requested time to apply for a public defender. I was turned down by the public defenders office because my unemployment checks surpassed their income limits (which are $106 per week), but was advised by them to request a court appointed attorney at my next court appearance. I did and the judge denied my request. He first badgered me because I had been unemployed for two months (apparently that was too long). He was very snide and condescending, his tone was actually snotty! He did much eye rolling (when questioning me about my medical expenses), but it was his final statements that really flabbergasted me. My 19 yr. old son (student) and my godson (who is blind and has cerebral palsy - all which came out at the hearing) live with me. The judges exact statement to me was: "Do you really expect me to order that all of these people (at which point he gestured to the entire courtroom) should support you?" I was completely speechless which caused him to reply with "Huh, thats right, you cannot answer, can you, (ha) I didn't think so." "What does this mean (rolling eyes & sneer)? Extraodinary medical expenses?" To which I replied, "I had cancer which was operated on about 5 weeks ago, I have been on chemo for the past 4 months, until 3weeks ago, and was having kidney failure and on dialysis because the chemo aggravated my kidney disease and just went into remission again 2 weeks ago. I also have a couple of other major medical issues that I am still being treated for, so my medical expenses have been quite high lately." He then responded with, "Does this prevent you from working?" (again in a very snide manner). I said that it did not stop me from seeking a job, however it probably did stop employers from hiring me. He then asked me if I currently had a drivers license and when I tried to answer, he cut me off with an order to only answer yes or no. I replied that I did not currently have my license and after a short pause I explained that I had gone the day after I received my ticket and reinstated my license. He responded with, "Really, then why don't you have it now?" and before I could answer he said, "what, did you get pulled over again? (he was actually grinning!). I then explained that I had not been pulled over, but could no longer afford the insurance, so I did not drive - AT ALL! He then told me that he was denying my request for a lawyer and that it was about time my son cut the apron strings and that my nephew would just have to make other arrangements (even though I had already explained that he had nowhere else to go).
Can he do that? Isn't my eligibility for a court appointed attorney based solely on my income and/or expenses? Does he have the right to lecture me about who lives with me? By the way, my son is a student, but he does have a job and he does contribute to the household expenses (which was disclosed in my financial statement). His attitude and presence was far from judicial or impartial(or mature, for that matter). Can he actually turn me down because, as he stated, he was not going to make all of these people support not only me, but my son and nephew too. Those were his words when he pounded his gavel and stated his decision. Is that even legal? Do I have any recourse? Can I request a new judge? I go back to court in less that four days. Please help me. I apologize for the length, but I thought you would need all of the facts.
Thank you in advance for your time and consideration.
|