DEFINITION: Judicial misconduct occurs when a judge acts in ways that are considered unethical or otherwise violate the judge’s obligations of impartial conduct.
EDITORIAL: Doesn’t the judge in this case have a judicial obligation NOT to watch the New York case? The New York case is a breach of contract case while the California case is a sexual assault case. While they have do have considerable facts in common, they are completely different issues that should be viewed and considered by each judge on their own merit and without impartial conduct.
If I were Kesha’s attorneys, I’d be demanding they switch the judge in the California case based on her comments below alone. She has postponed the sexual assault case pending the outcome of the New York case. Again, she has already formed a very publicly legal opinion on the case before her without it even getting to the gate much less hearing ANY the evidence that has yet to be put before her for THIS CASE. One is a breach of contract lawsuit and one is a sexual assault lawsuit. Totally different plaintiff complaints to go with totally different case strategies. These comments show some rather unethical behavior by this officer of our courts!
Time to toss ole Barbara to the curb. Any judge who decides a case before it even begins is a judge who’s either on the take or doesn’t give a damn about justice!
Kesha’s Attorneys Will Seek to Revive California Lawsuit Against Dr. Luke
Billboard 5/17/2016 by Ashley Cullins
Kesha performs onstage during The Humane Society of the United States’ to the Rescue Gala at Paramount Studios on May 7, 2016 in Hollywood.
ANGELA WEISS/GETTY IMAGES FOR THE HUMANE SOCIETY
While the legal battle between Kesha Sebert and Dr. Luke (Lukasz Gottwald) plays out in New York, a California claim has been put on hold — but the singer’s attorneys want to take another shot at it.
In a Monday morning status conference, the judge and Gottwald’s attorneys were surprised to hear Kesha’s legal team plans to take another shot at her claims in L.A. County Superior Court.
“We intend to file a motion to lift the stay and to file an amended complaint in this action,” said the pop star’s attorney Bo Pearl.
Kesha Shares Uplifting Message: ‘I Have Decided to Take My Life Back, My Freedom, My Happiness, My Voice, My Worth’
Kesha sued in October 2014, claiming Gottwald drugged and sexually assaulted her and exerted suffocating control over her career.
Judge Barbara M. Scheper on Monday said she had planned to invite a motion to dismiss the action, since several of the claims in the New York suit have been tossed at this point and a provision in the contract between Sebert and Gottwald set New York as the venue.
Gottwald’s attorney Christine Lepera told the court this was the first she was hearing of an amended complaint and she intends to file a cross-motion to dismiss.
Kesha Gives Emotional Performance of ‘Til It Happens to You’ at Humane Society Gala: Watch
Sebert’s attorneys hadn’t filed a status report prior to the hearing and Scheper said she was disappointed that neither she nor Gottwald’s counsel was informed this was coming.
“If you just present the same arguments to me, that’s not going to be well taken,” said Scheper.
The next status conference is scheduled for July 15.
This article originally appeared in THR.com.