Peremptory challenges, IF THEY ARE PROPERLY FILED WITHIN THE STRICT TIME LIMITS, don't require any "defense", and can't "fail". If the judge determines that the challenge was filed on time, that's all that's required. IMPROPERLY FILED or LATE peremptory challenges almost ALWAYS are denied.
Peremptory challenges are peremptory. That means that there is no showing required, no factual basis that must be established, no argument in support of or opposition to. The challenge is honored routinely and without comment by the receiving court, and the case is promptly reassigned to another court. Only one peremptory challenge made be made by any one party, and peremptory challenges are available only during a very brief window of time. If you have already made an appearance before your judge in this matter, it is almost certainly too late.
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I agree with counsel if you have already made an appearance before your judge in this matter, it is almost certainly too late for a peremptory challenge. You may want to consult with a local attorney to discuss this issue further.
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