How do I go about having a judge removed from a personal injury case.

Asked 11 months ago - Rockledge, FL

I am a plaintiff in a personal injury case and I am not allow my attorney to be present duing a CME. The judge has added restrictions and will not allow me to video tape the CME. But if the defense wants to video tape the CME that would be ok. The Dr. refuses to be recorded and is claiming copy right infringement because she is administering MMPI test. How do I stop this madness. I have fired my attorney and am representing myself due to being lied to by my attorney and I also am not being allowed to take notes or voice recordings. The Dr. claims that she cannot administer a evaluation if I am represented and or take notes, also she does not want me to object and refer to the court rulings on questions that have been agreed upon cannot be asked.

Attorney answers (11)

  1. Gabriel Dante Mazzitelli

    Contributor Level 13

    16

    Lawyers agree

    Answered . I highly recommend you find a new attorney before attending a CME or going forward with your case. A competent personal injury attorney should be able to handle all the issues you are having with the trial court. Use the find a lawyer feature on this site and contact a few attorneys in your area. Im sure you'll be able to find someone to help you.

    The information provided is for general informational purposes only and is not intended to be legal advice. No... more
  2. S. David Rosenthal Esquire

    Pro

    Contributor Level 18

    15

    Lawyers agree

    Answered . Sometimes the law gives you the right to disqualify a judge as a matter of right without establishing any legal basis. That would depend on Florida law and procedure. Otherwise, you typically have to show that the judge has some conflict of interest or other bias that disqualifies him or her. Simply making rulings against you is not enough. I would say that you need legal representation to help you through this process, so now that you have fired your prior attorney, you need to retain new counsel to help you.

    Good luck.

  3. Arthur Richard Troell III

    Contributor Level 12

    12

    Lawyers agree

    Answered . You truly need to hire a new attorney immediately.

    That said, there is a procedure for recusing a judge, but I am concerned that you may not have the kind of grounds required by the Rules of Judicial Administration. There may be some fairly simple explanations for some of the matters you provided as examples and a good personal injury attorney can better discuss that with you in an open dialog between two people meeting face to face.

    There are also some considerations which a good attorney may want to discuss with you as to the appearance of recusing a judge or switching attorneys frequently. Even in large counties, you may need to consider avoiding creating the impression you are quick to accuse the court or attorney of impropriety if all they are doing is following the rules of procedure or established law. You would not want to find yourself without legal counsel and trying to handle a personal injury case Pro SE.

    My recommendation is for you to interview a couple of attorneys and pick one that you are comfortable with and then trust his or her skill and training to guide you the rest of the way through your case.

  4. Christopher Robert Dillingham II

    Contributor Level 20

    12

    Lawyers agree

    Answered . Read Florida Rule of Civil Procedure RULE 1.360. EXAMINATION OF PERSONS. The judge can issue protective orders regarding the examination.

    The only time I've seen mental evaluations is when the plaintiff puts his/her mental state into controversy. If you've done that, then the defendant has a right to request an examination, and all your prior mental records can be requested under certain conditions outlined within the rule.

    You need an attorney. You need to cooperate with your attorney. You are at a distinct disadvantage in this controversy.

  5. Jeffrey Mark Adams

    Contributor Level 20

    13

    Lawyers agree

    Answered . While I cannot counsel you on Florida law, you should reconsider your decision to represent yourself. Even if an attorney, the saying is that a lawyer who has him/herself as a client is (making a mistake). Good luck.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  6. John L. Schroeder

    Contributor Level 18

    13

    Lawyers agree

    Answered . There are ways to remove a judge and are subject to the laws of the state. You need a lawyer to help you. In Illinois we get one free removal without cause. Anytime after that we have to show prejudice.

  7. Christian K. Lassen II

    Pro

    Contributor Level 20

    13

    Lawyers agree

    Answered . Best to get a lawyer. Avvo has a terrific "find a lawyer" tool to find a top-rated attorney with a low contingency fee. Good luck.

  8. Philip Anthony Fabiano

    Contributor Level 20

    12

    Lawyers agree

    Answered . This is not something you will be able to handle on your own. You need to find new counsel. You cannot simply have a judge removed because you do not like a ruling.--that's what appeals are for! In order to have the judge recused you would need to show some sort of bias or prejudice or ill will toward you.
    I always have trouble with psychiatrists and psychologists who are performing exams. They think they are somehow not subject to court rules. I think rulings on this are discretionary but I have been successful in making sure I or someone from my office attends the exam despite the objection of the doctor. As to the other requests, such as video, etc, I think you would need a very persuasive argument for that. You really need an attorney. Even though I do not know any of the facts, I do not think this case will go well for you without a new lawyer.

    If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you... more
  9. Daniel Alexander Norton

    Contributor Level 3

    8

    Lawyers agree

    Answered . It does not appear from the facts that you have given that you have grounds for the recusal of the judge. You do, however, need to hire an experienced attorney. It sounds as if you have been scheduled for a neuropsych CME. An experienced trial attorney should be able to have arrangement made for the videotaping of the testing. The doctors say that the presence of the videographer invalidates the testing. However, there are numerous orders in Florida where arrangements can be made to protect you during these CMEs.

  10. David A. Papa

    Contributor Level 16

    8

    Lawyers agree

    Answered . To be clear "one who represents him/herself has a fool for an attorney". That adage is true. Get an attorney ASAP through AVVO. There are many qualified attorney's that will fight to help you. You can have your attorney present for a CME-however, they may have to wait in the next room but may watch the CME through video simultaneous. The videographer may set up a camera but may not be in the same room as you. But these issues need to be addressed and possible appealed. The Judge can be recused but not for making what you consider bad decisions only. Get an attorney ASAP.

  11. Benjamin L Crawford

    Contributor Level 5

    7

    Lawyers agree

    Answered . Generally with a neuropsych exam, which it appears pretty clear you are doing, recording can be done with your attorney and videographer in the next room. Neuropsych exams, and the resulting opinions, tend to get very tricky. To add to that, neuropsych examiners are extremely particular about how things occur. You really need to hire another attorney ASAP.

    This question and response does not establish any attorney/client relationship.

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