QUESTION
What would be a good excuse to change a family court judge in my case?
Asked on Jan 30th, 2013 on Divorce - Florida
4 ANSWERS
*In the absence of a violation of the express statutory provisions, bias or prejudice or unworthy motive on the part of a judge, unconnected with an interest in the controversy, is not cause for disqualification, unless it is shown to affect the result. As stated in People v. Patrick, 183 N.Y. 52, 54 (1905), absent a legal disqualification with regard to an objection of "impropriety as distinguished from legal disqualification, the judge himself is the sole arbiter." This discretionary decision is within the personal conscience of the court when an alleged appearance of impropriety arises from inappropriate awareness of "nonjuridical data."
Answered on Feb 08th, 2013 at 1:38 PM
Seth D. Schraier, Esq. Law Office of Seth Schraier 3647 Broadway Suite 4G New York, New York 10031 Cell: (914) 907-8632 www.SchraierLaw.com
Divorce/Family Law Attorney serving Carlsbad, CA
at
Anne B. Howard, A Professional Law Corporation
Update Your Profile
Too late to change once he's heard your case.
Answered on Feb 01st, 2013 at 4:14 PM
Business Law Attorney serving Mount Pleasant, MI
at
Office of Michael Hyde PLLC
Update Your Profile
The allowable reasons and procedure for disqualifying a judge are found in Michigan Court Rules (MCR) 2.003. Rule 2.003 Disqualification of Judge (A) Applicability. This rule applies to all judges, including justices of the Michigan Supreme Court, unless a specific provision is stated to apply only to judges of a certain court. The word "judge" includes a justice of the Michigan Supreme Court. (B) Who May Raise. A party may raise the issue of a judge's disqualification by motion or the judge may raise it. (C) Grounds. (1) Disqualification of a judge is warranted for reasons that include, but are not limited to, the following: (a) The judge is biased or prejudiced for or against a party or attorney. (b) The judge, based on objective and reasonable perceptions, has either (i) a serious risk of actual bias impacting the due process rights of a party as enunciated in Caperton v Massey,
Answered on Feb 01st, 2013 at 4:14 PM
Alimony Attorney serving Key West, FL
at
Sheri Smallwood Chartered
Update Your Profile
A judge can be disqualified from continuing on a case by filing a motion that alleges he is biased against the one filing the motion or in favor of the other side. The motion must be sworn to under oath before a notary or similar official. It has to set out the specific facts and circumstances which make the one filing the motion believe the bias or prejudice exists. This is a general statement of the law only. It is not specific legal advice to you. I have not become your attorney or undertaken any responsibility by answering this inquiry. There is no privilege or confidentiality attached to this communication.
Answered on Jan 31st, 2013 at 7:25 PM