Request to Change Judges

[KCGirl]

My current understanding is this: A request for a change of judges who will hear your case can only be done within a very limited (2 weeks or so?) time period from when the case first commenced. Any requests after that would seemingly be due to some sort of allegation that the judge has shown bias or some other indicator that he cannot render an impartial verdict. And if such an allegation of bias, etc. were to be made that it would be up to the judge so-accused to decide if it were true or not, in other words, to recuse himself? That seems rather silly to me (a common affliction in the legal processes, imo) to leave it to a judge to decide for himself if he is biased and therefore unable to be fair to both parties. I mean, if he IS BIASED and NOT FAIR then how likely is it that he will, in essence, admit that he is biased/non-neutral? If a judge states from the very beginning he cannot be impartial and recuses himself that would indicate that the judge is an honest person interested in seeing justice is done. If, on the other hand if a judge is asked, a period of time having passed, to recuse himself and turn the matter over to a new judge then aren't you in essence asking him to admit he's not capable of being fair. And if he is as you suspect incapable of being unfair and ask him to recuse himself, how likely would it be for a judge who maybe has an axe to grind with you would confess "you got me, I don't like you" knowing that if he doesn't step aside you are SOL? Aren't you putting the fox in charge of the hen house sort of?

Anyway, what are the requirements for getting a new judge, how is it done, etc?

If it is done by Motion then here again aren't we back to asking the judge whose impartiality you question if he will voluntarily step aside?

It seems to me I recall someone saying that upon evidence of bias or wrong-doing that someone has basically asked the ruling judge or chief judge or whatever the heck he is called to reassign the case to some other judge?

Is this possible, I mean I doubt its encouraged or even allowed for people to be writing private letters to a judge say "such and so" about another judge's proper discretion/conduct????

I'm confused I guess. Help me out?

 

[mightymoose]

Yes, you essentially are asking the judge you feel is impartial to step aside. You must give good reason to show that he is impartial to your case, and that isn't easy to do.

 

[KCGirl]

Yes, you essentially are asking the judge you feel is impartial to step aside. You must give good reason to show that he is impartial to your case, and that isn't easy to do.

Not so easy to do? Wow, the judge really would have me by my cajones then, that is if I had any which I do not.

First he puts the screws to me by lying and giving me the wrong court date, being careful not to put anything in writing.

Then when I try to find a way around my little conundrum, I can't because the judge who screwed me over is the one to decide to give me a break.

Wow, I get more and more impressed with the Suck Factor of our wonderful system of justice. Lol, justice, way funny.

 

[KCGirl]

Not so easy to do? Wow, the judge really would have me by my cajones then, that is if I had any which I do not.

First he puts the screws to me by lying and giving me the wrong court date, being careful not to put anything in writing.

Then when I try to find a way around my little conundrum, I can't because the judge who screwed me over is the one to decide to give me a break.

Wow, I get more and more impressed with the Suck Factor of our wonderful system of justice. Lol, justice, way funny.

Not to offend any attorneys in the house but I think this entire thing could have been avoided had I played the good ole boy game and hired an attorney. I think ultimately the attorney you manage to snag has a lot to do with whether you get "justice" or not.

I mean look at OJ's dream team, did he get off a good one or not?

So then this country is not the bastion of fairness and/or democracy and/or justice the current stream of propaganda would lead you to believe. We aren't all created equal under the law because if you haven't the money to play the game your @$$ is toast.

Do I sound cynical????

 

[KCGirl]

It's interesting to get so much advice saying "get an attorney" or call legal aid. I did call legal aid and they declined. They did send a nice little brochure on how to stay out of debt. It might have been more appreciated if my situation were caused by overspending but of course it was not.

Which leaves me to find a private attorney. In my younger days I might have been able to entice some smart young barrister to assist me. Having been around the block a couple of times now, its unlikely. And anyway, I doubt either of us would be keen on moral turpitude charges, yannow? Maybe moral turpitude is a charge reserved for professionals such as attorneys and so forth. I can say I am not now a professional and have no further plans to become one so maybe I would have escaped that charge but still why chance it?

Which leaves me with the issue of fees and retainers and so forth. In order to pay such fees and retainers one has to possess money. Since I have none (at least none not previously otherwise allocated) I am, as I stated earlier, SOL.

Now if I had, say, hacked someone's head off with a carving knife, lol, I could get an attorney appointed me. Still, I choose not to, it just seems so crude to do things like that so I'll just hang out a while and see what happens.

Life is a grand adventure IF you don't weaken along the way. That was a frequent observation of an elderly man I knew long ago. He had little education and (like me) little in the way of financial substance. Nevertheless, I continue to see the wisdom in his remark, and so I'm called on to remember him often.

 

[KCGirl]

Okay, I'm kidding (sort of) about the enticement thing (sort of). I wouldn't rule it out though if he were tempting enough, lol.

If the judge were open-minded enough, we might do some negotiating? I hear bartering is still a common practice, just not called that.

All right I wouldn't do that either and anyway judges are mostly (but not all) stuffed shirts, not my style. Lol.

Anyway, how does one get the message across to the judges superior, another judge. Should I just drop in someday with a couple of bagels and lox, gourmet coffee? Then after he's sampled my wares I could cleverly weave it into the conversation "Hey, a judge, there, yannow that dude you farm some of your caseload out to? We REALLY need to talk, judge, seriously. Okay now here's the scoop yer honor!"


Yeah, that oughta work!