What do you do if you are involved in a Custody Modification Case in a rural area and the Judges are acting Unethically.

Asked almost 2 years ago - Tucson, AZ

To date five judges have recused themselves, I'm down to one judge and I ask this Judge to recuse himself due to his wife employment in relation to the witness list. His wife is a teacher and she works with another teacher on the witness list, I am at my wits end.

Attorney answers (3)

  1. Patrick S Sampair

    Pro

    Contributor Level 16

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    Answered . I have never seen any case where multiple judges recused themselves. Did you ask the judges to recuse themselves or did they do so on their own motions?

    What is the reason 5 judges recused themselves?

    What are they doing that is unethical?

    Although I do not have the answers to any of the questions I just posed, I think it would be wise to caution you that your statement that 5 or more judges are acting unethically sounds very doubtful. It may be more prudent for you to focus on how to move forward with the case instead of accusing multiple judges of being unethical.

    Pick your battles, fight the ones that you can win and avoid fighting the ones you can’t win at all costs.

    It may be time to request to move the case to Maricopa County.

    Good luck!

    Patrick Sampair
    The Sampair Group, PLLC
    623.218.1000
    480.636.1333

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  2. Kristen Jane DeWitt-Lopez

    Contributor Level 12

    Answered . I agree with the answers above. If you truly believe that a judge is acting unethically you can file a Complaint with the Commission on Judicial Conduct and they can determine whether your Complaint holds any weight; however, this is a last resort. Keep in mind that it is not unethical for a Judge (or a Judge's family member) to be familiar with a litigant or witness. Recusal is only necessary if there is a legitimate conflict of interest.

    Kristen DeWitt-Lopez of DeWitt-Lopez Law, P.C. may be reached at 602.263.3900 during regular business hours, or... more
  3. Vincent Barney Garcia

    Pro

    Contributor Level 12

    Answered . Without more facts I am unable to truly respond. Besides which I don't see a question. But in light of your dilemma you must retain the services of a skilled and experienced family law attorney. Contact the local bar for a referral. Go to the yellow pages and in the beginning of the attorney section you'll find the lawyer referral services section with phone number. Good Luck.

    This answer is not intended to give you any legal advice as the information provided by you is insufficient to... more

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