Tag: Motion to Disqualify

William M. Windsor has filed an Affidavit of Prejudice with his First Motion to Disqualify Judge Jeffrey L. Ashton in Case 2018-CA-010270-O in the Ninth Judicial Circuit in Orange County Florida.

This was filed less than one month after Jeff Ashton appeared as judge in the case that had been pending for years.

WILLIAM M. WINDSOR’S AFFIDAVIT OF PREJUDICE

OF JUDGE JEFFREY L. ASHTON

I, William M. Windsor, the undersigned, hereby declare under penalty of perjury:

1. My name is William M. Windsor (“Windsor”). I will be 72-years-old on Friday, am absolutely competent to testify and represent myself, and have personal knowledge of the matters stated herein.
2. This Affidavit of Prejudice of Judge Jeffrey L. Ashton (“Affidavit of Prejudice”) is offered in support of the Motion to Disqualify Judge Jeffrey L. Ashton (“Motion to Disqualify”).
3. I am the Plaintiff in this action, and I am representing myself pro se.
4. I am not an attorney. However, I have studied law, and I know improper actions by attorneys and judges when I see them.  I see them in this case!
5. I will not receive a fair trial in the Ninth Judicial Circuit Court in Orange County, Florida due to the prejudice of Judge Jeffrey L. Ashton (“Judge Ashton”) of that court against me and bias in favor of the Defendants and their attorneys.
6. I first came to the realization on February 1, 2021 that Judge Ashton was prejudiced and biased in this case.
7. I fear that I have not received and will not receive a fair trial with Judge Ashton. Judge Ashton is heartless and dishonest.
8. Attached as EXHIBIT 1 is an affidavit I filed today. It is referenced and incorporated herein.  It details my issues with Judge Ashton as to my current medical emergency.  Judge Ashton refuses to delay a relatively meaningless hearing in this case about the DEFENDANTS disabling me and using the court system to inflict emotional distress.  As I type this, I can’t see much out of my left eye.
9. Judge Ashton has OUTRAGEOUSLY refused to reschedule a 2/2/2021 hearing with no justification whatsoever. This is bias at its almost worse.
10. But that he refused to reschedule the 2/2/2021 hearing when Windsor has a medical emergency is bias at its worst.
11. Judge Ashton could care less about Windsor, and the feeling is now more than mutual.
12. Windsor has not been treated fairly by Judge Ashton. Judge Ashton has not demonstrated the impartiality required of a judge.  He is demonstrating that he is a heartless person who has no business sitting in judgment on people.
13. Windsor has a well-grounded fear that he will not receive a fair trial. Judge Ashton has ignored all of the prejudice and bias of Judge Kest, and he refused without proper consideration Windsor’s request to reconsider the corrupt orders of Judge Kest.
14. Judge Munyon granted a protective order to stop discovery when there was no legal authority to do so.  Judge Kest allowed that to continue.  Judge Kest allowed hearings on frivolous motions by the Defendants while ignoring violations of his own rules and orders.  Judge Kest outrageously stated in an order that two motions were not being set for hearings because they were motions for reconsideration when clearly they were no such thing.  Judge Kest claimed Windsor made a false statement to the Court denying that the case had been stayed.  The case was never stayed, and saying Windsor made a false statement to the Court was both improper and erroneous.  Judge Kest ignored the fact that there was no legal basis given by the Defendants for either of the motions that Judge Kest ordered to be set for hearing.  Judge Kest extended the trial date for another year when he will not even be a judge, with no consideration given to Windsor’s medical condition.  Judge Kest announced at the Case Management Conference that he treats pro se parties the same as attorneys, but this is neither fair nor the law.  Judge Kest indicated at the Case Management Conference that he had independently researched cases that Windsor had been involved in, and he threatened him with sanctions for frivolous motions under Florida Statute 57.105.  Windsor has never filed anything frivolous.  Judge Kest argued with Windsor over whether there had been the required “meet and confer” with the Defendants’ attorneys.  Judge Kest claimed that a telephone bullying by Attorney Asstrin amounted to a “confer.”  Windsor tried to explain that confer means an actual discussion.  Judge Kest rejected that, yet he knew the specifics of the law while pro se Windsor did not.  Windsor was absolutely right about the requirements to confer, and Judge Kest lied and claimed he was wrong.  Judge Kest is a past president and Governor of the Bar Association, so he has been a very active member of a club that the Defense attorneys belong to that Windsor will never belong to.  Judge Kest has been an attorney for 48 years and a judge for 17 years.  He has seemingly developed disdain for pro se parties over the past 48 years.  Windsor has these feelings because after studying the developments in this case, he saw Judge Kest acting with bias again and again.  Judge Ashton dismissed without any consideration Windsor’s motion to have him reconsider Judge Kest’s orders.  No honest judge could do that.
15. This Affidavit of Prejudice clearly provides the facts and reasons for the belief that bias and prejudice exists. Dates, times, places, circumstances, and statements are itemized.
16. Judge Ashton established a clearly fixed view about substantive pending trial matters, so this must raise concerns about the “appearance of impropriety,” a standard that must be safeguarded under applicable recusal law.
17. Judge Ashton has violated my civil and constitutional rights under color of law.
18. Judge Ashton has effectively denied my rights of the equal protection under the law under Article VI of the Constitution.
19. Judge Ashton’s actions prove that he has exercised his power in this civil action for his own personal purposes rather than the will of the law or the common decency of man.
20. I will not get a fair and impartial trial with Judge Ashton. He is prejudiced against me.  He has already committed an unforgivable sin in this case by refusing to reconsider orders of Judge Kest that were issued without the required hearings.  Judge Ashton acts like he is simply another in a string of corrupt Orange County judges who either dislike pro se parties or love insurance agencies with deep pockets.
21. All I want is to have someone fair and impartial with an open mind to listen to the facts and review as much of the evidence as is needed to prove each of my claims. It is obvious to me that Judge Ashton doesn’t care about the facts and doesn’t want to apply the law.
22. The United States Constitution guarantees an unbiased Judge who will always provide litigants with full protection of ALL RIGHTS.   Judge Ashton is biased against me. Judge Ashton has demonstrated this.
23. This motion, affidavit, certificate of good faith, and memorandum of authorities meet the requirements for a motion to disqualify.
24. This Affidavit of Prejudice states the facts and the reasons for the belief that bias and prejudice exist. The reasons for the belief are material and stated with particularity.
25. I have a well-grounded fear that I will not receive a fair trial.
26. This affidavit meets the time requirement of Rule 2.330 of the Florida Rules of Judicial Administration which provides that a motion for recusal “shall be filed “within a reasonable time not to exceed 10 days after discovery of the facts constituting the grounds….” It was on February 1, 2021 that I discovered grounds.
27. This affidavit is accompanied by a “certificate of counsel of record.” As I am the only person of record and I am a pro se Plaintiff, the certificate is from me, and it is made in good faith.
28. There has not been a previous motion to disqualify Judge Ashton.

FURTHER SAITH AFFIANT NOT.

I declare under penalty of perjury that the foregoing is true and correct.

Executed this 1st day of February, 2021.