George Writes Another Fantastic Letter

I am so proud of him! What a good writer he is turning out to be!
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GEORGE J. JUBIC
118 River Rd. 2nd Fl.
Johnsonville, NY 12094
(518) 753 - 7791


February 16, 2009

Re: DEPOSITIONS, DISCOVERIES & WIFE AS C0-PLAINTIFF
Jubic v. Jubic, etc. S. Ct. Case # 214005


Hon. Judge Hummel,

I am the plaintiff in the above mentioned proceeding and am hoping you will consider this letter as my reply to the defendants accusations that I am “willfully in non-compliance” with their request to depose me.

As you know, my former counsel, Mr. James L. Coffin, has been permanently disbarred from practicing law in New York State. I cannot afford to hire another lawyer and despite due diligence, I cannot interest any in taking the case without cash up front. I did speak to the Legal Aid Society who tells me they don't handle these types of cases,--so I am forced to prosecute this action pro se, though I do so reluctantly as I am by no means competent to do so. Aside from my complete lack of knowledge of the legal process, my medical records will show that I suffer nervous mental disorders that make it difficult for me to concentrate or to absorb information. It was my hope that I would have been able to obtain counsel to accompany me to the deposition.

Update; April 21,2010 - George did obtain documation from 2 of his psychologists and 1 from his long time physician to validate his claim of suffering from mental disorders, nervousness, and diminished cognitive skills. At a subsequent pre-trial hearing, he did present these to the judge and renewed orally his request for assignment of counsel - but to no avail. The judge looked at the documents briefly but gave no reply.

DEPOSITIONS:
One of the most apparent disadvantages of my position as an indigent without counsel is that I will be subjected to oral deposition without the benefit of counsel. I have never been deposed before but I am told that it takes place in an atmosphere of “interrogations.” The absence of counsel coupled with my nervous and mental disabilities but me at a great disadvantage and is a freighting prospect for me to have to go through alone, unassisted and without counsel. Moreover, because of my indigence and lack of facilities, I would have no resources upon which to draw to depose my opponents reciprocally. Again, another disadvantage for me.

Therefore, I am requesting that in the interest of fairness, and in the courts discretion, that oral depositions be waived and substituted with the submission of written interrogatories. I do not believe that my adversaries case will be prejudiced in any way, and no one side will have an unfair advantage .

Update: Georges request to allow written dispostions instead of oral was also ignored.

DISCOVERY:
As to the matter of discovery, since I have never received a copy of the defendants reply from my (then) attorney, James L. Coffin, I am unable to say for certain what documents were or were not provided. In that case, I will ask for a re-construction of the documents previously provided so that I may better understand the degree of the defendants compliance or not.


WIFE AS CO-PLAINTIFF:

In view of the fact that my lawful wife shares a common interest in the financial well-being of our marital estate, coupled with the fact that I did sign my interest over to her in 2004, and in view of the fact that my wife is an experienced paralegal with many years of experience in both civil and criminal litigation, I hereby request of the court that she be joined with me in this action as a co-plaintiff. I do not believe that doing so will in any way prejudice the defendants case.

Update: This request was also ignored.

Thank you in advance for any consideration you may give this matter.

Sincerely,


______________________________
George J. Jubic, Plaintiff
118 River Rd. 2nd Fl.
Johnsonville, NY 12094
(518) 753 - 7791

CC: Michael P. Mansion, Attorney for Defendants
1528 Central Ave
Albany, NY 12205