Your right to a fair trial is paramount and we will protect that right. When might a judge recuse themselves from a case? Can you ask a judge to recuse themselves if you think your judge is biased?
The Orlando Law Group obtains a Writ of Prohibition after a denied motion to disqualify a judge The Orlando Law Group recently won an appeal in a case where a motion to disqualify the judge was denied. What happens to student loans in Chapter 13 bankruptcy? The test is whether there is a real possibility not a remote possibility of bias. It does not need to be established that the judge would behave in a biased manner. Where a judge has a prior relationship with a party, he or she must disclose this in court and invite parties to make submissions as to whether the judge should be disqualified.
Where a party is a close relative of the judge, the judge should generally disqualify his or herself. The fact that the presiding judge or magistrate has a relationship with a lawyer appearing in a matter does not generally give rise to apprehended judicial bias. However, where a judge has a close relationship with a lawyer, such as marriage, this will give rise to apprehended bias and the judge will generally disqualify themselves. Judges should not communicate with parties or the lawyers of parties outside of court while a matter is ongoing.
This is because judges should not receive communications with a party without the knowledge and consent of the other parties.
Judges must avoid the appearance of bias by avoiding social or other contact with parties while a matter in ongoing. A judge may continue to sit in a matter despite apprehended bias where it is necessary to do so. For example, in a matter where all other judges are also affected by apprehended bias.
The fact that a judge or magistrate has been the victim of a particular crime or is related to the victim of a particular crime, does not necessarily mean they should not preside over matters involving similar crimes. The usual test for apprehended bias should be applied to determine whether such a judge should be disqualified.
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A judge should never act as a defendant's proponent or opponent in any given case. When a defendant, in a criminal case, claims that the judge showed bias, the record from the trial is reviewed to see if the defendant was deprived his or her due process of law.
Bias, though, does not encompass unfavorable rulings, expressions of impatience, dissatisfaction, annoyance, nor anger. During the trial, if the judge makes critical, disapproving, or hostile comments to the counsel, parties, or about their cases, this still does not support a claim of bias.
A trial judge is permitted to make ordinary efforts at keeping up with the administration of the courtroom, even if his or her efforts are stern and short-tempered. The states examined — California, Texas, New York , Pennsylvania, Connecticut, Wisconsin, Indiana, Minnesota, Colorado, Washington, Georgia and South Carolina — were chosen because they comprise a representative sample from different populations and areas of the country and because they had matching data for the years through It did not suspend or remove a single judge in or and acted just once over the last five years, removing a sitting judge in Texas has not removed a judge in five years, though it has suspended 23 for varying lengths of time.
One discouraging factor is the secrecy under which these commissions operate. Allegations against a judge are commonly kept confidential unless a sanction of some kind is imposed. When conduct boards do act, the sanctions usually amount to an admonishment that may be embarrassing but costs the judge little. Among those still on the bench after ethical violations are Louisiana judge Robin Free.
Free oversaw a personal injury claim in by a man and his wife, Israel and Leslie Robles, who were hurt in an oil field run by Houston-based fracking contractor Integration Production Services, Inc.
Raoul Felder, the well-known New York divorce attorney, served as a CJC board member between and , helping the commission sift through thousands of complaints. He came away from the experience perplexed by its decision-making.
Judicial discipline at the federal level is almost non-existent. A Contently. But only three judges were disciplined during those years and each got the mildest rebuke on the books: censure or reprimand. None was suspended or removed. Nor did he act when Stuart honored only part of the support he owed, leaving Margaret, who was then unemployed, struggling to provide for her kids. It was extremely humiliating.
Margaret and Stuart accused one another of mistreating their children. Police and child protection service workers became involved. Kent ordered her to undergo a psychological evaluation, which slammed Margaret as a danger to her children as she was allegedly alienating them from their father. No abuse by either parent was substantiated.
Margaret won a court order of protection barring Stuart from contact with her children for a year. But when Kent issued his final decree less than six weeks later, he awarded Stuart full custody, while Margaret was allowed only supervised visits. And he ordered Margaret to pay back half the cost of her nursing degree and to sell her diamond engagement ring and split the proceeds with Stuart.
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