Impartiality (1)

Holmes v. Holmes, 00-M-0185 (Hillsborough, North, Oct. 15, 2001)

The issues presently before the court in this divorce action arise out of plaintiff's efforts to discharge her counsel and to substitute a non-lawyer, Theodore Kamasinski, as her "attorney-in- fact." Based largely, although not entirely, upon Mr. Kamasinski's appearance, plaintiff has moved to recuse the undersigned justice from continuing to preside over the case. The defendant objects to the recusal motion and seeks to bar Kamasinski's appearance on the grounds that he is engaged in the unauthorized practice of law. Also before the court are a motion to withdraw and a motion for instructions filed by plaintiff's present counsel, Attorney Donald Kennedy, and a petition for access to court records filed by Mr. Kamasinski in his capacity as a private citizen. After reciting the pertinent facts, I address these various motions below.
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