In the United States District Courts the experience of filing the original complaint in a civil action is vastly different than doing the same thing in a state district court, though they shouldn't be at all.
Though I have never seen or heard of anyone with a problem of filing a civil action in the United States District Courts (We can not file criminal complaints in a federal district court), the difficulties of getting a level playing field is the same. Only the procedures are different.
These federal courts routinely, as a matter of a standard operating policy, allow pro se litigants to file all of the submissions, applications, complaints or petitions they want without resistance or games in the clerk's office.
The usual pattern is for the clerk's office to process the paperwork and to allow the delivery of the summons and complaint to the defendant(s). Then, if one or more of the defendant(s) is a government agency, whether state or federal, it is a routine practice and procedure for either the state or federal attorney general's office to file a motion to dismiss the complaint even when there is no legal justification for it. Or, sometimes, the defense counselor for the government agency will unlawfully use a motion for summary judgment as a tool to dismiss the case without discovery or a proper hearing of the facts and issues (in order to "get rid of it quickly"). Summary judgment, deriving from old English law, has the purpose of identifying and removing the "clutter" from a case and to simplify or to clarify the facts and issues in a complex case. It is an interlocutory judgment procedure but frequently used as an unlawful final judgment procedure by the criminal elements making up the attorney general's offices through-out the United States. When the judge or magistrate colludes with the defense it is extremely difficult to fight it and usually any appeal to the appellate division will go nowhere. They tend to be part of the collusion.
Typically, in their briefs or submissions, they will argue nonsensically using non-existing case precedences or actual case precedences with fraudulent interpretations, frequently an interpretation opposite to the actual adjudication in the case precedences, a fraudulent interpretation meant to support a fraudulent and unlawful motion, process, application or procedure.
Nor is it unusual for the presiding judge to routinely ignore the attorney general's criminal conduct if you were to research each case precedence to point out the fraud. In that event it means there is a conspiracy between the judge and attorney general's office. Do not expect a level playing field even if everyone talks to you respectfully and appears to be honest. It is not honesty when the opposing side argues nonsensically and submits inappropriate motions, arguments, case precedences or legal interpretations while the judge systematically ignores all of it. Behind your back it means they are communicating with each other and playing games of working out a legal strategy to defeat you when they know very well you have a case with value and argue with merit.
They may even play games of pretending you argue without merit while they argue nonsensically. Nor is it uncommon for the defense attorney or presiding judge to pretend he does not understand your legal arguments; to suggest "confusion" on your part; to talk down to you, to talk over you or to talk through you; to systematically interrupt your oral argument in order to break the continuity of your presentation; for a security officer to interrupt you while in the middle of your oral argument; for the judge to make "funny" sounds with his mouth suggesting you as pathetic in your behavior; or for the judge to carry a silly smirk or smile on his face also suggesting you as pathetic in your behavior.
Sometimes the judge will maintain a blank stare through-out the proceedings and sometimes he may change his facial expression from word-to-word as attorneys and pro se litigants speak.
Sometimes, I have noticed on several occasions, the judge will display an interested friendly facial expression when facing an attorney and then, when facing a pro se litigant,
switch over to a big silly, disapproving smirk or smile.
Also, on several occasions, I have observed and experienced judges patiently listening to an attorney speak during an oral presentation of his case and then, when it became time for the pro se litigant to speak, the judge would lose all patience and speak over the litigant, preventing him from being heard and understood.
Every time the litigant would speak the judge would speak over him; when the litigant would stop speaking the judge would also stop speaking. Then, when the litigant would start to speak again the judge would immediately start speaking over him again.
In at least two occasions I have personally experienced a judge behaving as if he were perfectly proper and honest with me in an oral presentation of my case in open court. Later, when I received his written and final adjudication, I would find a criminal misrepresentation of the facts and issues in the controversy and obvious evidence of a collusion with the opposing side.
Judges can appear to be perfectly honest in open court but secretly dishonest behind our backs. Though easily provable in most instances, such as in the instance of a misrepresentation of the facts and issues, it is extremely difficult to get the proper authorities to examine a complaint against the judge, to investigate the allegations, to get a reprimand of the judge or, more importantly, to reverse his unlawful decision.
In two instances, back in 1988, I successfully caused the dismissal of two judges but still could not get a reversal in the appellate division or the supreme court. They would not hear of it. All they did was to play games!
In different cultures we will find different patterns of crime and corruption. As an example, in many African countries the pattern is for the judge to rule against the complainant unless he were willing to pay a "fee" to the judge, typically between several hundred and several thousand dollars and usually well beyond the litigant's financial resources.
In cases of probate, adoption or divorce proceedings, an attempt to collect an annuity of some sort, an insurance settlement or a judgment, the judge will make it known to the party he requires a certain sum of money before he would sign and send out the appropriate legal documents, again usually quite significant for the average person.
In the United States it is a little different. The only fee would be the application fee at the clerk's office.
Then, if the case against the defendant is strong and lacks a meritorious defense, the common criminal practice is for either: (1) the defense will contact the judge to offer a sum of money in return for a favorable decision or: (2) the judge will contact the defense to demand a bribe in return for a favorable decision. In either case it is extremely difficult for anyone to fight this kind of corruption.
Reporting it to the appropriate non-judicial agency, whether the FBI, the United States Attorney General, the Circuit Council or the Judicial Council, the pattern consist of two basic forms:
(1) In respect to the FBI and the Attorney General, the immediate reaction is to ignore the complaint. The FBI will argue they lack the "authority" or "jurisdiction" to investigate the complaint and the Attorney General consistently argues a "conflict of interest." They always argue their responsibility would be to defend the defendant(s). They can not defend and prosecute the same party at the same time. Technically and legally speaking, these arguments lack merit. No one in the United States can lawfully ignore a crime or a report of a crime. To do so makes them into co-conspirators if they were to conceal or to make any attempt to conceal or obstruct the complaint and, at the very least, make them guilty of misprision of felony if they were to do absolutely nothing, a most common practice in law among people who should know better.
(2) Filing a complaint against a judge before a non-judicial remedial board, such as the Circuit Council, the Judicial Council or, in the instance of a state judge, the Commission on Judicial Conduct, will entail our running into a typical "Good O'Boy's Network." It has been my consistent experience, over a period of more than 40 years, that non-judicial remedial systems almost never work. They seem to take on the characteristics of a paranoiac system with a "bunker mentality." That means that, when anyone files a complaint, of any kind, whether civil or criminal, the tendency is to interpret the complaint as an "attack" or intrusion on their colleagues. Upon receiving a complaint they will forward a copy to each other, talk about it at great length, deny everything and rationalize the complainant as a liar or "unhappy with the judge's decision." Later, after a pretense of an investigation, someone will send a letter, along with a copy to every respondent, to the complainant denying everything and, probably, misrepresenting the facts and issues in the controversy. If you were to examine case histories on this subject at the local law libraries, you will find decisions by judges leading to the conclusion the courts generally do not place much merit on the decisions by the non-judicial remedial boards. I think that, if we were to examine this subject psychiatrically, though certainly not pretending to be a psychiatrist on my part, we will find these "Good O'Boys" systems to be basically a serious psychiatric disorder, perhaps related to the personality disorder we call "Inadequate personality." That means they lack the emotional and personality skills and tools to think, talk and to use information properly or, particularly, to cope with the emotional and personality responsibilities of handling this kind of problem, though they typically think of themselves as very strong, well-educated and capable of handling any problem. In truth, they tend to be people who never got it "all together" as they grew up from a child to an adult.