What do you lawyers on avvo think?
I need to file a motion to remove a judge from a case because the plaintiff of a CPO wants to drop the case and not comfortable to face the judge..
The plaintiff filed motion to terminate the CPO and was scheduled to be in court, but soon it's time to appear after waiting 2 hours to be called, she left. She did not show up, but defendant showed up and was told that they could not have the hearing without the plaintiff because the plaintiff was the one made the request for the hearing.
I'm not sure if I understand your question exactly, but I'll go on the assumption you want to know the procedure to remove the judge, you're the plaintiff of the CPO, and the judge won't recuse himself voluntarily. In the first place, I have no idea why your request to dismiss the CPO wasn't granted, especially after you didn't appear in court. Maybe that's your point.
As much as you're uncomfortable with this judge, removing a judge from a case is considered an extraordinary step. I assume this is a domestic judge of the common pleas court. In that case, your legal remedy would be to file a motion for disqualification with the chief justice of the Ohio Supreme Court. You're going to have to state in an affidavit in support of your motion stating specific facts (i.e., not just a general feeling) why your judge may not be impartial, or at least why there could be an appearance of bias if your judge heard your case. While the motion is pending the judge will be prohibited from taking any action in your case.
I've only filed one motion to disqualify a judge in my career. I felt I had a very good case for disqualification and it was granted. I supported by motion with a transcript of statements the judge had made about my client at a prior hearing. You don't necessarily need a transcript, but you at least need facts supported by an affidavit.
My advice would be not to file the motion for disqualification unless you feel his bias is egregious, because if you lose the disqualification motion you'll have to once again face this judge. And while in theory judges are supposed to move on as if nothing happened, I can tell you that judges take motions to disqualify them from a case personally. So unless you have a strong case for disqualification which can be supported by facts, it's often better to simply file an appeal if the judge made erroneous rulings against you. Appeals are a fact of life in litigation, so judges don't take them as personally. Better yet, if you hire an attorney who has a good relationship with the judge, the attorney might be able to have an off-the-record conversation with the judge, and you may be surprised to discover your feelings about the judge are not reciprocated.