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

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. Best answer

    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. 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 provide any legal advice. You must seek the services of a qualified and experienced attorney before acting on any advice from this website or any other place.


  3. 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 anytime by email at kristen@dllawaz.com. More information about Ms. DeWitt-Lopez can be found on her website at www.dllawaz.com. All of Ms. DeWitt-Lopez’s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Kristen DeWitt-Lopez is licensed to practice in the State of Arizona. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.

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