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Do I have the right to request a new judge?

Redding, CA |

In a family law custody case, do I have the right to request a new judge? I feel the judge we have been assigned to is partial to my exhusband. My ex has a lawyer and I do not and the past few times in the court room his lawer is given most of the time to talk and I am given none. How can I get a new judge?

Attorney Answers 2


Unless a judge can be shown to be biased, not just from the results but in the process, it is not likely a judge can be removed from a case. The standard for removal is very high and the burden is completely on the person alleging the bias.

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It is difficult to get rid of a judge who does not want off the case however some judges are only too happy to oblige a party. You can always ask the judge to recuse himself for cause, if there is a good reason however the better solution might be to first ask the judge on the record to permit you time to sepak. If he refuses then a recusal request for bias may indeed be warranted. An even better solution though would be to hire a lawyer and even things up.

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