Apparent Due Process Violation Amid Federal Litigation (Webster)

On August 28, 2024 Judge Margaret Eagles issued an order granting permission to continue a calendared hearing for Plaintiff Webster in front of Judge Julie Bell. The order was signed August 28, 2024, 5 days before the new date of January 16, 2025 had been set and filed on September 3rd. This order was signed without a hearing, despite the objections of Plaintiff Webster.

Read Plaintiff Webster’s Motion to Recuse and Judge’s Order

Opposition to Motion and Motion to Recuse | Judge Eagles Signed Order

Why This Raises Significant Concerns:

• Violation of State and Federal Law: Filling in the hearing date without a hearing despite the objection of Plaintiff Webster and amidst the fact of the ongoing federal lawsuit where Judge Bell is a named defendant may be a violation of the requirements of state and federal due process. This action could be regarded as an affront to the federal court’s authority, perhaps transgressing the tenets set forth under 18 U.S.C. § 242 and other pertinent laws.
• Lack of Finality: Signing an order without a specified date creates uncertainty and lacks finality. An order is meant to be a clear, definitive directive from the court. Leaving the date blank opens the door to potential misuse or misinterpretation, especially if it’s filled in later without proper notice to all parties.
• Opportunity for Manipulation: By leaving the date open, it allows for the possibility that the date could be filled in at a later time without proper judicial oversight or input from the involved parties, undermining the integrity of the judicial process.
• Due Process Violation: The date was filled in without a hearing and despite a clear objection from Plaintiff Webster, which could be viewed as a violation of due process. All parties typically have the right to be heard on matters that affect their case, especially when they have explicitly objected.
• Lack of Fairness: Proceeding without a hearing when one party has objected not only denies that party the opportunity to present their arguments but also gives the impression of bias or a predetermined outcome, which can erode trust in the fairness of the judicial process.

Read the Motion to Recuse and Judge’s Order

Opposition to Motion and Motion to Recuse | Judge Eagles Signed Order