• Andrea Fox

Judge Problems?

One question I get a lot is if a party can change their judge. The answer is generally no. However, I will explain this answer more in depth.

After a case is filed, each adverse party has the right to substitute the judge ONCE within 30 calendar days. The party just files a simple motion, and pays a $100 fee, and the judge is substituted. The law on this can be found here.

Judges can also be disqualified for cause but this is VERY VERY hard to do. The law on this subject can be found here.

Sometimes, a judge will recuse themselves from a case. For instance, I had a case where the judge knew my client when the two were growing up together in the same town. Apparently, this led to the judge feeling like he could not preside over her case, and he recused himself (rightfully so). If a judge does not recuse him or herself and should have, they can later be disqualified for cause and it can really screw up a case.

Overall, if you don't like your judge once you are into your case, there is very little you can do about it. That is why it can be very good to have the help of legal counsel. Your counsel will know the judges in the jurisdiction in which they practice, and know which ones would not be suitable for your case.

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