The plainitiff ____hereby states that the Defendant Judge….unlawfully and without authority, and acting outside of the jurisdiction of his office and of the ____Court, ordered the confiscation of private property belonging to the plaintiff, and ordered that those funds which had been deposited with the Clerk of the ____court, be paid to the private attorney of ____as a fee for legal services performed for a third party _____.

The plaintiff deposited the sum of $____________, as a surety bond for the criminal defendant ____in Jefferson Circuit Court Action NO.__________, and that case has been concluded, and the plaintiff herein is entitled to have their bond released.

The court wrongfully ordered the Clerk to release said funds posted by the plaintiff to satisfy an award of attorneys fees the Defendant Judge made in favor of ______the attorney of said ______.

The plaintiff never authorized the Clerk or the Court to sieze these funds.

The plaintiff never guaranteed the legal fee of said ______________.(attorney)

The plaintiff never authorized the criminal defendant ______to act as his agent is authorizing the payment of the surety bond posted by plaintiff to any third party.

There is no law in Kentucky permitting a trial judge to award a private criminal attorney a legal fee.

There is no rule or law in Kentucky granting to a trial judge the jurisdiciton to seize money posted for a surety bond by a third person, and ordering that money to be paid to a private attorney.

The actions of the defendant judge exceeded his authority and jurisdiction and is therefore erroneous, and if allowed to stand will operate to inflict a grevious, immediate and irreparable harm to the plaintiff, and will operate to violate the constitutional rights of the plaintiff to be free of forfeiture of his personal property without due process of law.

The plaintiff seeks a Writ of Mandamus directing the Defendant Judge to:

1) vacate his order which seized the funds of the plaintiff

2) order the Defendant Judge to order the Clerk of the Jefferson Circuit Court to forthwith pay over to the plaintiff herein the amount of funds which the plaintiff had deposited as a surety bond in behalf of the criminal defendant ______

3) order the attorney ____________to return the money he was wrongfully paid by the Circuit Clerk, to the office of the _____Circuit Court.

In the alternative, the plaintiff seeks a Writ of Prohibition against said defendant judge if the context otherwise requires such relief in order to obtain the relief to which he is entitled.

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