Once a motion to recuse is filed can a judge just ignore it and continue with proceedings and issuing orders?

Asked 7 months ago - Graham, NC

I filed a motion to recuse against a blatantly biased judge who aided and abetted a felony against me. The judge has ignored the motion to recuse and has continued issuing extremely biased orders and has continued scheduling proceedings and hearing proceedings. I thought that once an order to recuse was filed, the judge must deal with the motion to recuse before proceeding with anything else. The judge had advised me in open court that if I believed any crimes were committed against me that I should report them to the police and the DA. I have not heard anything from the police or the DA, but then I am in Alamance Co. so that does not surprise me. The judge knows that I reported the atty's crime and her for aiding and abetting this atty, but she keeps moving forward.

Attorney answers (3)

  1. Adam W. Bull

    Pro

    Contributor Level 11

    2

    Lawyers agree

    Answered . First you didn't provide enough information on the basis for your motion.

    Second if you think it's truly justified then you can report the judge to the judicial standards commission.

    However merely disagreeing with a judges decision I'd not a basis to seek recusal and you should not do it lightly. Most judges are very cautious to preserve justice.

    I would consult a competent attorney before proceeding further.

  2. Blake Spale

    Contributor Level 13

    2

    Lawyers agree

    Answered . Hire an attorney. Without evidence, you are walking a very thin line by accusing a Judge of aiding and abetting a felony in open court. If the matter you are litigating is of any importance to you, then hire an attorney. You are currently jeopardizing (and likely, harming) your chances of success.

    The above is not intended as legal advice. The response does not constitute the creation of an attorney-client... more
  3. Kenneth Love Jr.

    Contributor Level 18

    Answered . I agree with the previous answers. What crimes are you accusing the judge and the attorney of? Motions to recuse are completely at the discretion of the Judge

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