Requesting a different judge...

[indireneedofhel]

My S.O. was arrested several days ago. He was with a co-worker at her home. Police came to pick her up on a warrant for distribution of meth. They took them outside, searched him, he had nothing, took her inside & searched & found a small amount. She told them it was his. They arrested her. & also arrested him, for possession of meth.

The judge who set his bond (& will be over the case) has issues with members of my S.O.s family & has previously delt with him in court. Is it possible to get a different judge, & how would we go about this?

 

[CdwJava]

My S.O. was arrested several days ago. He was with a co-worker at her home. Police came to pick her up on a warrant for distribution of meth. They took them outside, searched him, he had nothing, took her inside & searched & found a small amount. She told them it was his. They arrested her. & also arrested him, for possession of meth.

The judge who set his bond (& will be over the case) has issues with members of my S.O.s family & has previously delt with him in court. Is it possible to get a different judge, & how would we go about this?

What sort of "issues" has the judge had with your significant other's family? And, if the judge has had to deal with your SO before in court, that says something about your SO.

A judge does NOT have to recuse himself because he has had to hear a case concerning a defendant before. If that were the case, then we'd need to hire many more judges and have them roving all around each state!

Unless this judge has had significant personal dealings - either positive or negative - with your SO's family, chances are he is under no pressure to recuse himself. But, if he had, say, a significant business partnership with your SO's father, or had sued or gotten into a barfight with your SO before, then he might have an argument.

At this point, your SO's defense attorney can decide if it is worth the time and effort to file a motion to recuse the judge from hearing his case or not.

 

[army judge]

You have no standing to do anything.
If you're smart, you won't discuss anything with the person until the person has been released from custody.
The person can discuss this with his/her attorney.
No need to rush or worry, this won't be tried next week, nor even next month.
So, wait until you and the person can discuss this privately in your home.
The person can request of her/his lawyer to have the judge recuse himself/herself.