And if the section coincides with the case — you will be seeing a lot of that judge. The bottom line: you cannot normally change your judge. Did I just contradict myself?? Sounds like I just got through saying you cannot change your judge — but the header of this paragraph promises ways to change your judge. There are a couple very limited, very rare ways to change your judge. One of them is if the other party picked the wrong court location to file the case. There are ground rules where someone must file their case.
If those ground rules are ignored there is a procedure to have the location changed. That will also change your judge. The ground rules are complex and involve some technical rules. Ask your attorney. The other possible way to change your judge is to file a Motion to Recuse.
That is a procedure where you believe the judge is biased and cannot possibly rule fairly in your case. Again, ask your attorney. Finally, you can change judges by simply having your case survive a really long time. Many jurisdictions regularly rotate judges between various sections.
If your case is alive long enough — your judge may rotate out before the end. Whichever judge inherits your section becomes your new judge. You can always become an expert in sucking up.
If you feel like a you are in a bad situation there are some steps you can take. The first step is to talk to your attorney. A change of judge can be a drastic measure that should not be taken lightly. If you can show actual bias, the judge would have to recuse themselves.
This usually occurs if one of the parties was previously a client of the judge before they were judge or they have some direct relationship. This is a situation where a judge would typically recuse themselves when made aware of the conflict. If you do not like how a judge is handling your criminal case you can file a motion with the court detailing the reasons why the judge should be removed.
Changing judges will not affect the charges a defendant is faced with because judges cannot change a charge. The prosecutor decides the charges and controls whether they will offer the defendant a plea bargain. If you are a party to a case and unhappy with how the judge has ruled on a matter of law, you may not need to request a new judge in order to get a new result on that issue.
A judge can change their own ruling after being asked to reconsider how they ruled on a motion, objection, or a sentence. If you have asked the judge to reconsider their rulings and still think the judge should be removed, you, or your attorney, will follow the applicable procedure outlining how to get a judge removed in the jurisdiction where your case is proceeding. You will file a motion detailing the alleged wrongdoing and ask the court to remove the judge and replace them with a different judge before the trial proceeds any further.
The judge assigned to your case will have a significant impact on your trial. If you are aware of any reason why your judge should be removed, you should consult with your attorney about changing judges. The attorney representing you in your criminal or civil case can file the motion to request a new judge. If you have been charged with a crime it is important that you have an experienced criminal law attorney representing you.
Attorneys who are frequently in court will know the judges and may be aware of any potential bias they may have that will impact your case. The judge assigned to your child custody case will be deciding very important issues for you and your family. Consulting an experienced family law attorney will help you decide whether it is worth trying to remove a particular judge before proceeding with your child custody case.
Krista Sheets. In Krista earned her J. Krista is licensed to practice law in Pennsylvania and Washington. She has experience as a litigator, both in insurance defense and juvenile dependency cases. Krista also spent time volunteering for the U.
You can learn more about Krista by visiting her Linkedin page. Jose Rivera. Law Library Disclaimer. Can't find your category? Click here. Choose a Legal Category: Family Law. Real Estate and Property Law. Criminal Law. Personal Injury. Defective Products. Intellectual Property.
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