In the same vein of using your body, working out--even for just ten minutes a day-- can do wonders for clearing up your mind. When we work out, as I'm sure you know, our bodies emit endorphins that allow us to feel happy--even if we can't explain why. If you don't have time to squeeze in a full-body workout or some substantial cardio that day, just do a couple jumping jacks or take a brisk walk around the block. How much better--and more confident--you feel will amaze you.
Find out what your jurisdiction does. If they don’t have them, it’s worth it to bring your own. If a hearing means anything to you, the money you shell out for a court reporter will pay back in spades. If it’s difficult to pay for a court reporter, try to stretch those hearings out as long as you can. If you’re in a multi-year case, you might have a hearing only 3 times per year anyway. If you find you’re having more and can’t afford it, prioritize them. This also helps you think strategically about your case.
Federal courts can impose liability for the prevailing party's attorney fees to the losing party if the judge considers the case frivolous or for purpose of harassment, even when the case was voluntarily dismissed. In the case of Fox v. Vice, U.S. Supreme Court held that reasonable attorneys' fees could be awarded to the defendant under 42 U.S.C. Sec. 1988, but only for costs that the defendant would not have incurred "but for the frivolous claims." Unless there is an actual trial or judgment, if there is only pre-trial motion practice such as motions to dismiss, attorney fee shifting can only be awarded under FRCP Rule 11 and it requires that the opposing party file a Motion for Sanctions and that the court issue an order identifying the sanctioned conduct and the basis for the sanction. Pro se still has a right to appeal any order for sanctions in the higher court. In the state courts, however, each party is generally responsible only for its own attorney fees, with certain exceptions.
Although it's important to know how to self-critique and self-analyze in order to functionally improve, overwhelming your mind with self-hate and negativity can only bring you down. Reduce the negative energy swarming your thoughts and turn them into productive ones. Instead of lamenting the things you have to change, focus on how you can use their improvements to make yourself a better person.
A judge who is retired under 28 U.S.C. § 371(b) or § 372(a) (applicable to Article III judges), or who is subject to recall under § 178(d) (applicable to judges on the Court of Federal Claims), or who is recalled to judicial service, should comply with all the provisions of this Code except Canon 4F, but the judge should refrain from judicial service during the period of extrajudicial appointment not sanctioned by Canon 4F. All other retired judges who are eligible for recall to judicial service (except those in U.S. territories and possessions) should comply with the provisions of this Code governing part-time judges. However, bankruptcy judges and magistrate judges who are eligible for recall but who have notified the Administrative Office of the United States Courts that they will not consent to recall are not obligated to comply with the provisions of this Code governing part-time judges. Such notification may be made at any time after retirement, and is irrevocable. A senior judge in the territories and possessions must comply with this Code as prescribed by 28 U.S.C. § 373(c)(5) and (d).
Pro Se is a newsletter published bi-monthly by Prisoners’ Legal Services of New York for incarcerated individuals in New York State prisons. Pro Se provides information and analysis on recent developments in the law. Pro Se advises people in prison of changes in the law, provides practice pieces to assist them in complying with statutory and regulatory requirements, and explains technical aspects of various laws affecting prisoners. Pro Se is sent free of charge to individuals incarcerated in New York State who request to be placed on our mailing list.
Oh my Lord Sonja, you’re my new hero! I went at it with an attorney on Avvo; I asked a legal question and he more or less belittled me for thinking that I had a case and then for thinking that I could actually handle it on my own. This guy was a real jerk! l know I have a winning case but there are not many lawyers in my area that are familiar enough with the statutes to take it pro bono and therefore take the risk. Even the legal opinions that I’ve read say the case law is sparse. Thank you for standing up for pro se litigants and setting the record straight.
If the novelist is part of this same trade, a con man in his own right, he deserves that same mix of trust and mistrust. He’s out on the road making deals, looking for specimens to exhibit. There he goes, transforming experience into remarkable distilled concoctions of truth. Look at this amazing, original character, calls the novelist, see the skill with which something of human character is revealed. Step right up, enjoy the show. The novelist is in this same spot between the general and the particular, offering a meaningful, personal connection through a product of which, if the vagaries of the publishing industry are favorable, vast numbers of copies are made. In The Confidence-Man, Melville’s showing off his showmanship, letting you know he’s bluffing. And that’s the only way you know to trust him.
Researching a business’s financial situation is a bit trickier than a person, but there are still things you can do. Drive past the business. If it is a retail establishment, restaurant, or store, are there people going in and out? Does it appear to be relatively successful? Does it own any equipment, vehicles, or merchandise? Does it have a legitimate website and social media presence? Read any reviews or articles you find relating to that business.
Show your best face to the world--whatever that means for you. When you feel comfortable in your own skin, everyone knows. If you like to go out in a dress and heels, or a well-cut suit, go for it. If you prefer to stay comfy in a pair of sweats and flip-flops, there's no shame in that either. Dress how you want. The You'll undoubtedly exude confident, assuring energy.
University of Illinois Law School's Professor Robert Lawless, a national expert in personal credit and bankruptcy, showed that, the rate of non-attorney filings in bankruptcy courts by debtors was 13.8% for chapter 13 cases, and 10.1% for chapter 7 cases. The rate was as high as 30% to 45% for major urban areas, such as California and New York city. US Bankruptcy Court of Arizona reported 23.14% cases filed pro se in October 2011, up from 20.61% a year before.
Like the self-resources account, our findings indicate that self-affirmation boosts one’s self-image by increasing positive self-feelings, but provide additional specificity about the nature of these feelings; self-affirmation increases feelings related to self-compassion (e.g., sympathy, trust, and less criticism; Study 1). Like self-esteem, self-compassion predicts positive feeling states, but is distinguished by its more stable relationship to self-worth, independent of positive or negative outcomes (Neff and Vonk, 2009). Consistent with this, in response to a potentially embarrassing video of oneself, affirmed participants maintained positive self-feelings (Study 2). The effect of self-affirmation writing on self-compassion may explain why few studies have shown that self-affirmation increases general feelings of state self-esteem or positive affectivity (Sherman and Cohen, 2006).
A judge should be sensitive to possible abuse of the prestige of office. A judge should not initiate communications to a sentencing judge or a probation or corrections officer but may provide information to such persons in response to a formal request. Judges may participate in the process of judicial selection by cooperating with appointing authorities and screening committees seeking names for consideration and by responding to official inquiries concerning a person being considered for a judgeship.
Canon 3B(6). Public confidence in the integrity and impartiality of the judiciary is promoted when judges take appropriate action based on reliable information of likely misconduct. Appropriate action depends on the circumstances, but the overarching goal of such action should be to prevent harm to those affected by the misconduct and to prevent recurrence. A judge, in deciding what action is appropriate, may take into account any request for confidentiality made by a person complaining of or reporting misconduct. See Rules for Judicial-Conduct and Judicial-Disability Proceedings, Rule 4(a)(6) (providing that “cognizable misconduct includes failing to call to the attention of the relevant chief district judge or chief circuit judge any reliable information reasonably likely to constitute judicial misconduct or disability. A judge who receives such reliable information shall respect a request for confidentiality but shall nonetheless disclose the information to the chief district judge or chief circuit judge, who shall also treat the information as confidential. Certain reliable information may be protected from disclosure by statute or rule. A judge’s assurance of confidentiality must yield when there is reliable information of misconduct or disability that threatens the safety or security of any person or that is serious or egregious such that it threatens the integrity and proper functioning of the judiciary. A person reporting information of misconduct or disability must be informed at the outset of a judge’s responsibility to disclose such information to the relevant chief district judge or chief circuit judge. Reliable information reasonably likely to constitute judicial misconduct or disability related to a chief circuit judge should be called to the attention of the next most-senior active circuit judge. Such information related to a chief district judge should be called to the attention of the chief circuit judge.”).
Study 2 also provides some specificity around the relationship between self-affirmation and self-compassionate feelings; we did not find evidence that self-affirmation affected more general performance perceptions of the self or peer storytelling videos, though our study may be underpowered to detect subtle differences in this dimension of self-compassion. Though we do not definitively rule out this possibility, our results suggest that self-affirmation effects may be specific to affective measures of self-compassion, which is consistent with the affective change in self-compassion we observed in Study 1.
Clarence Earl Gideon was too poor to afford an attorney and thus proceeded pro se in his criminal trial in Florida in 1961. He was found guilty and subsequently appealed. He was appointed counsel (his attorney, Abe Fortas, later became a Supreme Court Justice) when the case reached the U.S. Supreme Court; the court ruled in Gideon v. Wainwright that the right to counsel means that states are required to provide counsel free of charge to indigent defendants in all criminal cases and that Florida's failure to appoint such counsel in Gideon's case constituted a violation of that right. On remand, Gideon was represented in the new trial, and was acquitted.
Defendants who choose to appear pro se may do so because they believe they may gain tactical advantages against the prosecutor, such as obtaining sympathy from the jury, the opportunity to personally address the jury and witnesses. Pro se appearances may also delay the trial proceedings and enhance the possibility of a mistrial and a subsequent appeal.