How do I file a pre-emptory challenge against a judge in Delaware family Court?
3 attorney answers
You file a motion to recuse stating the legal and factual basis. There has to be more of a basis than "she was reversed on appeal and I don't think she will be fair to me". It is actually very hard to have a judge removed from overseeing a case unless there is a clear reason (like knowing a party to the case from outside court). The main case in Delaware for recusal is Los v. Los. Below is a sampling of some more recent cases discussing how to apply the Los test:
You'll notice that most motions seeking to recuse judges are filed by pro se parties. That is because attorneys know that filing a motion to recuse very rarely works, and when it fails you end up having your case decided by a judge who you just publicly accused of being biased against you.
This communication is general in nature and not to be construed as legal advice or creating an attorney-client relationship. All situations are different and you should meet with and discuss your particular situation with an attorney.
It can be very difficult to get aj udge to recuse herself. A motion to recuse is the appropriate manner in which to ask for that to happen. You would really benefit from the advice of counsel in this matter.