Skip to main content

Recusal of Judge in Family Court

Delray Beach, FL |

I was recently at a hearing on Commitment for Civil Contempt. The Judge at the hearing asked me where I work (as I had my work uniform shirt on). After I told him where I worked he asked me if I knew (and he mentioned the name) the president of my company. I said yes. He said he has known him for over 60 years and asked me how I would like it if he knew about my case and what was taking place at the hearing. At that point, he walked out and wouldn't let me present any further evidence. I am now in fear that I can never get a fair hearing in front of this judge and believe he would call his friend (the president of the company I work for) and influence my termination. Would this fear of not getting a fair trial and the Judge's apparent bias be sufficient grounds for recusal?

I filed a Motion for Recusal and it got denied. Now what? I truly believe I will NEVER get a fair hearing in front of this judge either with or without an attorney.

Attorney Answers 5

Posted

A hearing is NOT REQUIRED in a Motion to Recuse. If the Motion is facially sufficient, the the court MUST grant the motion. Your motion must be filed within 10 days of the event.

This response does not create an attorney-client relationship. Unless you are already a client of the Mallory Law Group, pursuant to an executed employment agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Earl K. Mallory

Mark as helpful

3 lawyers agree

Posted

Yes, one could reasonably believe that you might not get a fair hearing. You would need to file a timely motion for the judge's recusal and state with particularity the reasons why you believe the judge can't be fair and impartial. If the judge is recused then a new one will be assigned. However, once there is a replacement judge it is significantly harder to get that one recused if you believe they also can't be fair and impartial. Do yourself a favor and hire a lawyer to handle this and the actual case.

This is not to be considered legal advice nor does an attorney-client relationship exist.

Mark as helpful

4 lawyers agree

Posted

Make a motion to recuse and submit it, then set a hearing.

R. Jason de Groot, Esq.,

Mark as helpful

5 lawyers agree

Posted

Remember that the judge you have will be the same one that will hear your recusal, so draft any motion very carefully. You might just want to get any further issues heard in front of a GM. This might be a good time to hire an attorney.

Legal disclaimer: Ms. Braaten's answer to your question does not establish an attorney client relationship, but rather is meant to share knowledge with the general public. For specific advise on your case, you need to consult one on one with an family law attorney.

Mark as helpful

4 lawyers agree

Posted

Recusal of a judge is not a matter to be taken lightly. Although judges are not supposed to take a motion to recuse personally, it is human nature not to be able to put it completely out of mind. A motion to recuse while not complex requires adherence to certain specified criteria. You would be best served contacting an attorney to assess your position.

Mark as helpful

3 lawyers agree

Lawsuits and disputes topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics