Is it acceptible for a judge to hear a case when he has worked with one of the partys

Asked about 2 years ago - Fresno, CA

THIS HAS BEEN A BATTLE FOR 3 YEARS FOR ME AND MY SOON TO BE WIFE TO TRY TO GET OUR KIDS BACK FULL TIME. MY OWN MOTHER IS FIGHTING US. IT ALL STARTED BE CAUSE WE WHERE ON DRUGS BUT WE NOW HAVE 2 YEARS AND 8 MOUNTS SOBER. THE ONLY TIME WE HAVE DRUGTESTED FOR THE COURT WAS THE FIRST HEARING 3 YEARS AGO AND THEY SAY THAT IT HAS NOT BEEN NESSICERY FOR US TO DO ONE. WE DONT UNDERSTAND THIS. MY MOM HAS WORKED FOR FRESNO SUPIROR COURT FOR OVER 10 YEARS NOW AND HAS WORKED IN ANLMOST EVERY FEILD OF THE COURS HERE. SHE HAS BEEN TELLING ALL OUR FAMILY WE WILL NEVER GET THEM BACK AND IF WE DO SHE WILL CALL CPS AND TRY TO GET THEM BACK SO WE CAN NEVER SEE THEM AGAIN. THEIR ARE 2 LITTLE GIRLS THAT ARE BEING TORN IN THE MIDDLE. THEY ARE ONLY 3 AND 4... SOME ONE PLEASE HELP ME FIGURE OUT WHAT TO DO..

Attorney answers (3)

  1. John F Cannon

    Contributor Level 11

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    Answered . It will likely depend on whether that person worked directly for the Judge or Commissioner in question. If the person worked in that specific Judge's courtroom, then you would certainly have a reason to question whether the Judge could hear the case.

    Your case sounds very complex and you should speak with an attorney in your area who works on juvenile cases AS SOON AS POSSIBLE to help you with your case.

    This response does NOT create an attorney-client relationship. This response is for educational purposes only.... more
  2. James Louis Miller

    Contributor Level 16

    Answered . If your Mom has worked directly for the Judge hearing your case you may be able to get the Judge to recuse him or herself. With the shift in courts and judges in July there are Judges in the Family Law division that came from the criminal court and may not know your Mom. Have you brought it up to the Judge.

    In these type of cases you need to have an attorney helping you. Sure it costs some money but it's your kids you are talking about. Speak with an attorney and get their point of view. Many in Fresno, such as myself, offer free consultations. Give one a call.

    Note this answer does not constitute legal advice, and should not be relied on. Each situation is fact specific... more
  3. Ronald Lee Bell

    Pro

    Contributor Level 14

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    Answered . The judge has the duty to avoid the appearance of impropriety. If he worked with her in his court room or in some other capacity he may have to recuse himself . You need to bring it to his attention if he does nothing you may have the right to bring a motion before the chief judge for removal. I hope this is helpful

    Contact local consel

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