IN THE SUPERIOR COURT OF PAULDING COUNTY

STA TE OF GEORGIA
MICHAEL L. LOWE, ) ) Plaintiff, ) v. ) CNIL ACTION FILE NO.08-CV-1124-JO ) ELISA M. LOWE, ) ) Defendant. )

MOTION TO RECUSE JUDGE JAMES OSBORNE AND

OTHER PAULDING SUPERIOR COURT JUDGES FROM
PARTICIPATION IN CASE WHERE SANCTIONS AGAINST PRO
TEM SUPERIOR COURT JUDGE ARE TO BE CONSIDERED

Comes now, the former Defendant in the above-captioned case, Elisa M. Lowe, and shows the following: 1. On March 9,2012 the Court of Appeals of Georgia rendered it decision in Lowe v. Lowe, 2012 Ga. App. Lexis 263. The Court stated "we agree with Ms. Lowe that the Paulding Court lacked jurisdiction over the child custody modification petition filed by the father/appellee, Michael L. Lowe, and thus erred by denying the mother's motion to set aside." (See Attachment A.)

2.
The Court of Appeals vacated all Orders and Judgments of the Paulding Superior Court in the above-styled civil action for lack ofsubject matter jurisdiction. Paulding County Superior Court, Judge James Osbourne, presiding, issued all orders in this matter and assumed this erroneous jurisdiction in 2008 based on deficient pleadings and evidence as required by the Uniform Child Custody Jurisdiction and Enforcement Act. 3. The Court of Appeals also decided that "the facts here warrant at least a hearing on this matter." The Court ofAppeals issued two directives: 1) the Paulding Court should consider whether it is the appropriate venue for such a hearing and 2) depending on that determination, either conduct a hearing or transfer the sanctions issue to the Coweta Court. 4. On March 14,2012, Judge Osborne issued a Rule Nisi for the Sanctions Hearing against

Martin Valbuena and Michael Lowe to be heard on April 4, 2012 at 9:00 a.m. at the Paulding Superior Court. Without benefit of oral argument or presentation of authority, sua sponte, Judge Osbourne apparently has determined that Paulding Superior Court is the appropriate venue, with him presiding. Judge Osbourne failed to make findings or explain why Paulding Superior Court is the appropriate venue for this hearing as required by the directions ofthe Court of Appeals.
5.

Your former Defendant shows that despite filing during the ill-fated trial of the above captioned case no less than four (4) motions and demands before Judge Osborne correctly arguing and asserting that Paulding Superior Court was not the proper venue or jurisdiction for this custody matter, said correct assertions of the law were ignored by Judge Osbourne. 6. Acting without jurisdiction in the above-captioned matter, Judge Osborne breached his public duty and oath of office causing your former Defendant great emotional distress and financial harm. As such, your former Defendant, Elisa M. Lowe, has a viable cause of action for malicious prosecution against Judge James Osbourne for his extra-jurisdictional activity. Judge Osbourne must recuse himself from further proceedings in this matter as he has a personal interest in the outcome of these proceedings. See Judicial Canon 3 C (1) . 7. Chief Judge Tonny Beavers and the other Paulding Superior Court Judges, including Senior Judges. also are precluded from hearing this Sanctions Hearing as they have a personal relationship with Martin Enrique Valbuena, to wit: Chief Judge Tony Beavers has appointed Magistrate Court Judge Martin Enrique Valbuena to Pro Tem Superior Court Judge to handle child custody matters and other duties, and as such, makes said Valbuena a judicial peer ofthese Paulding Superior Court Judges. By way of further argument against Judge James hearing said matter, Pro Tem Superior Court Judge Martin Enrique Valbuena is a judicial peer of this pro tern Superior Court Judge. See Judicial Canon 3 C (1)(b) which states: "Judges should disqualify themselves in a proceeding in which their impartiality might reasonably by questioned, including but not limited to instances where (b) they have served as a lawyer in the matter in controversy, or a lawyer with whom they previously practiced law served during such association as a lawyer concerning the matter or the judge or such
lawyer has been a material witness concerning it;"

Your former Defendant has no confidence that she will receive a fair and impartial hearing before Judge Osborne. Coweta Superior Court Judge Quillian Baldwin has already characterized Judge Osborne's actions as "incorrect" and stated in Open Court the following: "That's just an incorrect ruling." (See Coweta Transcript-filed with former Defendant's Motion for New Trial.) Your former Defendant believes that she cannot receive a fair and impartial hearing on this matter before any of said Paulding Superior Court Judges due to Martin Enrique Valbuena being a judicial peer, and for any regular or senior judge of Paulding Superior Court to conduct said hearing gives the appearance of impropriety and prejudice and erodes public confidence in the judiciary.

WHEREFORE, your former Defendant Elisa M. Lowe requests the following relief: a) That Superior Court Judge James Osborne recuse himself from hearing this matter of Sanctions Hearing against Attorney, and Pro Tem Superior Court Judge Martin Enrique VaIbuena; b) That Superior Court Judge Tony Beavers recuse himself and the rest of the Paulding Superior Court Judiciary from hearing this matter; c) That Superior Court Judge Tony Beavers assign a disinterested, fair and impartial Senior Judge, from another judicial circuit, to conduct said hearing that is estimated to take 6 to 8 hours for your former Defendant to present evidence and testimony. d) or alternatively, that ChiefJudge Tony Beavers transfer the consideration ofthe Sanctions Hearing against Attorney Martin Enrique Valbuena to Coweta Superior Court, the Court with exclusive jurisdiction over the custody matters involving the parties, for disposition as contemplated by the Court of Appeals of Georgia in Lowe v. Lowe. e) any other relief as this Honorable Court deems just and proper.

Submitted

thisj.da

y of March, 2011.

ProSe
279 Crossroads Estates Road Newnan, GA 30265 (404) 704-7058