What would be a good excuse to change a family court judge in my case? 10 Answers as of February 08, 2013

I believe he is biased towards me.

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The Law Offices of Seth D. Schraier
The Law Offices of Seth D. Schraier | Seth D. Schraier
*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."
Answer Applies to: New York
Replied: 2/8/2013
Office of Michael Hyde, Esq | Michael C. Hyde
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,
Answer Applies to: Michigan
Replied: 2/1/2013
LAW OFFICE OF ANNE B. HOWARD | Anne B. Howard
Too late to change once he's heard your case.
Answer Applies to: California
Replied: 2/1/2013
Reade & Associates
Reade & Associates | R. Christopher Reade
There are Canons of Judicial Ethics which declare when a jurist as a conflict of interest and/or should recuse or disqualify from hearing the matter.
Answer Applies to: Nevada
Replied: 1/31/2013
Henry Lebensbaum | Henry Lebensbaum
Rarely happens and if you are asking, you will not be able to. Hope you have a lawyer.
Answer Applies to: Massachusetts
Replied: 1/31/2013
    Fran Brochstein
    Fran Brochstein | Fran Brochstein
    Based on my experience, the odds of changing a judge is slim. I've seen it done once in my career. It can be done, but it is very difficult and expensive to prove. You must appeal the matter to a higher court. You should anticipate spending $15,000 or more (if someone quotes you $30,000 don't be surprise) in expenses and legal fees to accomplish this task since it is time consuming and unbelievable hard to accomplish. Not many attorneys have handled these type of cases in their careers.
    Answer Applies to: Texas
    Replied: 1/31/2013
    John Russo | John Russo
    There are no really good excuses as you state, there could be a few legal reasons but no excuses.
    Answer Applies to: Rhode Island
    Replied: 1/31/2013
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    You have to show either conflict of interest or actual bias.
    Answer Applies to: California
    Replied: 1/31/2013
    Kalil & Eisenhut, LLC | Michael N. Kalil
    No simple answer, but often very difficult to get someone removed. Proving bias is not easy. Also, if you move to have judge recuse him/herself and you're unsuccessful, you may find that your case is even more difficult. You best run your situation by an attorney before taking any action.
    Answer Applies to: New York
    Replied: 1/31/2013
    Sheri Smallwood, Chartered
    Sheri Smallwood, Chartered | Sheri Smallwood
    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.
    Answer Applies to: Florida
    Replied: 1/31/2013
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