My question involves court procedures for the state of: Missouri.
I was a respondent in a guardianship proceeding, did not contest. Asked first atty to withdraw as I received no assistance from her, told me records were unavailable which weren't, other problems. Second GAL (both GAL and atty in MO) told me she did not perform actions of atty for respondent, that the other atty told her I was trying to delay case by having her withdraw--not so, I did with a month to go--told the new GAL it should not be hard to get financial/law enforcement records needed, everything is local, but some I had to have atty for--law enforcement and subpoena of therapist listed on petition. Did none of these things, little contact, it was very bad, so. There was a law enforcement record from abuser (petitioners claimed bipolar, no, not in med. record, it is PTSD, they knew this) that GAL wanted to put in, I knew it was not safe. I went to court, very sick (vomit) before, waiting for her all morning, she did not show up until about 15 minutes before trial. I did not go into court. Afraid I would pass out. Literally had to go black out in the bathroom, made it to the car, massive panic attack there. Brief conversation with her afterward, told me incorrect things about ruling. It is very complicated.
Trial was on 25th of Sept, RSMO475 says 60 days for judge to be given a reason to reconsider.
I may be able to do some of these things with police reports, tax returns in after trial date, but I have them now.
It is not possible to go into all details, but I hope someone could help me with procedural questions.
Question:
May I file a motion to reconsider?
As I understand it, ineffective counsel cannot be claimed in civil cases, but this is a guardianship case, loss of liberty, i.e. Gideon.
How else may get a lawyer to get evidence to the judge?
What motions may I file at this point...if any?
I have no desire to try to represent myself, to be clear. I have attempted to contact the GAL.
I cannot afford an attorney, I cannot go to legal aid because a GALs also serve as court appointed attys, whether they do this job or not.
What legal recourse do I have?
It is my hope that a civil attorney might be able to answer this question? Or any attorney?
Please, I am sorry to ask, I have gotten angry responses other places asking these questions, so please, I am begging you, things are bad enough, please just let me know my options, if there are any. I would not be here if I had any options at all.
I was a respondent in a guardianship proceeding, did not contest. Asked first atty to withdraw as I received no assistance from her, told me records were unavailable which weren't, other problems. Second GAL (both GAL and atty in MO) told me she did not perform actions of atty for respondent, that the other atty told her I was trying to delay case by having her withdraw--not so, I did with a month to go--told the new GAL it should not be hard to get financial/law enforcement records needed, everything is local, but some I had to have atty for--law enforcement and subpoena of therapist listed on petition. Did none of these things, little contact, it was very bad, so. There was a law enforcement record from abuser (petitioners claimed bipolar, no, not in med. record, it is PTSD, they knew this) that GAL wanted to put in, I knew it was not safe. I went to court, very sick (vomit) before, waiting for her all morning, she did not show up until about 15 minutes before trial. I did not go into court. Afraid I would pass out. Literally had to go black out in the bathroom, made it to the car, massive panic attack there. Brief conversation with her afterward, told me incorrect things about ruling. It is very complicated.
Trial was on 25th of Sept, RSMO475 says 60 days for judge to be given a reason to reconsider.
I may be able to do some of these things with police reports, tax returns in after trial date, but I have them now.
It is not possible to go into all details, but I hope someone could help me with procedural questions.
Question:
May I file a motion to reconsider?
As I understand it, ineffective counsel cannot be claimed in civil cases, but this is a guardianship case, loss of liberty, i.e. Gideon.
How else may get a lawyer to get evidence to the judge?
What motions may I file at this point...if any?
I have no desire to try to represent myself, to be clear. I have attempted to contact the GAL.
I cannot afford an attorney, I cannot go to legal aid because a GALs also serve as court appointed attys, whether they do this job or not.
What legal recourse do I have?
It is my hope that a civil attorney might be able to answer this question? Or any attorney?
Please, I am sorry to ask, I have gotten angry responses other places asking these questions, so please, I am begging you, things are bad enough, please just let me know my options, if there are any. I would not be here if I had any options at all.
Motions: How to Achieve Ineffective Counsel Claim As Motion to Reconsider in Civil
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