Can I make a preemptory challenge to a federal judge like in state court?

Asked 6 months ago - Los Angeles, CA

I have a federal court case that was assigned a new judge. I had the judge before in another case when I had an attorney. The judge was horrible and because of it I am in the financial situation I am now. What can I do to change the judge? Am I entitled to one challenge or am I stuck?

Attorney answers (6)

  1. Stephen Amory Meister

    Contributor Level 11

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    Answered . As many federal judges will gladly tell you, challenging a federal judge is like challenging God when it comes to whether or not the Universe is operating as intended. It is possible to challenge a federal judge, but extremely difficult and the circumstances for doing so (successfully or not) are very limited. I would get a lawyer to help you with this; that way you're more likely to take your best shot, assuming counsel advises you it's the right thing to do. Good luck.

  2. Steven Andrew Brody

    Contributor Level 11

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    Answered . In federal court there is not peremptory challenge like that available in California courts under Penal Code section 170.6. In federal court, you can move to recuse a judge for good cause--such as a conflict of interest, but not simply because you weren't happy with a previous judgment. Speak to your attorney about whether you may be able to move for recusal. But know that this is very rare in federal court and it sounds like you have an uphill battle in front of you.

    Law Office of Steven Brody | www. stevebrodylaw.com | (213) 290 5294. I am a CA federal and state attorney and... more
  3. Michael Kevin Cernyar

    Pro

    Contributor Level 20

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    Answered . This will be extremely difficult, so it is likely that you will be stuck. Many reputable attorneys offer a free consultation so I suggest contacting a few to discuss further. Good luck.

    The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice... more
  4. Stephen F Wallace

    Contributor Level 18

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    Answered . If this is a Federal Crime, you need to ask your attorney about challenging this, but as mentioned, an uphill battle.

  5. Raymond George Wigell

    Pro

    Contributor Level 18

    4

    Lawyers agree

    Answered . It is very difficult to have a federal judge removed from a particular matter. The terms that you use are not applicable in federal cases. Consult and retain an experienced federal criminal attorney ASAP to determine approaches and options.

    Of course, every answer or response is based on the information provided in the question asked and requires a much... more
  6. Yaniv Kenan

    Contributor Level 11

    2

    Lawyers agree

    Answered . It's not as simple as a 170.6 in state court.

    The response above is not intended as legal advice. This response is for educational purposes only. I have not... more

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