Hey guys, thanks for all your help!!

Is this Motion to Recuse a Judge just basically a letter I draft myself asking the judge to step down and citing reasons I fear I won't get an impartial/fair trial, or a specific form? Is a Motion (in general) just a letter (albeit a fancy one, usually drafted by an attorney) or again, a specific form?

I truly appreciate all the help--and believe me, if I could get an attorney, I would--but, at this point, it's simply impossible...

If it were that easy everyone would do it. Judges don't traditionally like to be taken off cases. You are going to have to cite some pretty good reasons other than you don't think you'll get a fair trial in a matter. A lot of attorneys have tried to recuse a judge and they don't get anywhere. Chances are pretty good that the judge will just dismiss your letter if you send one. You can try, but I seriously doubt you will be successful. Sorry. I've seen too much in an attorney's office to vouch for the fact that a lot of attorneys were not successful at this and never saw a judge recused from a case unless the judge was a blood relative of one of the parties.

Most of the time, you file that motoin, so that when the judge will not, it gives you a reason for an appeal latter. Since it is normally the judge you are asking to set down that will decide if they are going to step down or not.

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Originally Posted by ffffff6

Hey guys, thanks for all your help!!!

Is this Motion to Recuse a Judge just basically a letter I draft myself asking the judge to step down and citing reasons I fear I won't get an impartial/fair trial, or a specific form? Is a Motion (in general) just a letter (albeit a fancy one, usually drafted by an attorney) or again, a specific form?

I truly appreciate all the help--and believe me, if I could get an attorney, I would--but, at this point, it's simply impossible...

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You have to give some pretty good reasons to ask a Judge to step down - lots of background. And then I've seen the requests denied because the Judge considers the request to be a personal slur and if there were a conflict, he/she would step down without the request.

It's a mixed situation.

Judge Nancy Alley recused herself from two cases that involve David H. Simmons. One was the Jack Hutchings vs. James Adamczyk case and the other was David Simmons vs. his ex-wife. She recused herself from both. Very interesting and they are not blood relatives but obviously something is going on between them.