Ask Me Help Desk - Requesting a new judge

Requesting a new judge

How can a plaintiff request a new judge when she feels as though the judge is repeatedly swaying the other way. She is a single mother, has two jobs, and is in college. She came to me for advice.

Tuesday was her court day. The father failed FOUR drug analysis tests and had owed her over $2500 in child support. She is legally represented; he is not. Monday afternoon she received an envelope with ALL back child support checks back dated. The father questioned as he has no attorney, why she had withheld the checks for so many months. The judge BOUGHT IT! When my friend called the father a joke, the judge called her immature. With tears streaming down her face, she couldn't speak any longer. The father had an option: either 5 days in jail or 28 days rehabilitation. He chose rehab. He has been before and still had a vast amount of cocaine in his system. I don't think he will be able to quit the drugs so easily. Their next court appearance is in Feb. 2009. So if he completes the 28 measly days of rehab, will he get the FOUR YR OLD girl unsupervised?

He comes from a family prominently known in the south, having tug boats and much money. Her lawyer is now questioning motive of the judge.

If this pattern of unfair ruling continues, can she request a new judge, in LOUISIANA? Where can I research the laws concerning LA court?? HELP

Quote:

Originally Posted by brouk379

How can a plaintiff request a new judge when she feels as though the judge is repeatedly swaying the other way. She is a single mother, has two jobs, and is in college. She came to me for advice.

Tuesday was her court day. The father failed FOUR drug analysis tests and had owed her over $2500 in child support. She is legally represented; he is not. Monday afternoon she received an envelope with ALL back child support checks back dated. The father questioned as he has no attorney, why she had withheld the checks for so many months. The judge BOUGHT IT!! When my friend called the father a joke, the judge called her immature. With tears streaming down her face, she couldn't speak any longer. The father had an option: either 5 days in jail or 28 days rehabilitation. He chose rehab. He has been before and still had a vast amount of cocaine in his system. I don't think he will be able to quit the drugs so easily. Their next court appearance is in Feb. 2009. So if he completes the 28 measly days of rehab, will he get the FOUR YR OLD girl unsupervised?

He comes from a family prominently known in the south, having tug boats and much money. Her lawyer is now questioning motive of the judge.

If this pattern of unfair ruling continues, can she request a new judge, in LOUISIANA? Where can I research the laws concerning LA court??? HELP

She was represented by an Attorney? That's the person most familiar with the case and the Laws, the person who should be giving advice.

If her Lawyer thinks the decision was biased, he/she is the best person to bring this to the attention to a superior court and request a change of venue.

I'm a little confused how the father brought uncashed, backdated checks to the hearing and claimed they were for support - or am I missing or misreading something?

Her attorney said that one is unable to request a new judge.? I always thought it was possible under very slim conditions.

She received the back dated checks via snail mail. One envelope. Many checks. She brought them all to court and he claimed that she was not cashing the checks to get him in trouble. I told her that if that ever happened again, leave the envelope unopened and bring it to court to open in front of the judge. ALL checks were received the day before court. Father must have mailed Thursday.

Quote:

Originally Posted by brouk379

Her attorney said that one is unable to request a new judge. ?? I always thought it was possible under very slim conditions.

She received the back dated checks via snail mail. One envelope. Many checks. She brought them all to court and he claimed that she was not cashing the checks to get him in trouble. I told her that if that ever happened again, leave the envelope unopened and bring it to court to open in front of the judge. ALL checks were received the day before court. Father must have mailed Thursday.

Father's a piece of work!

Anyway - under certain circumstances - at least in NY - the Attorney can request that the Judge remove himself from the case or that the case itself be moved. In theory no Judge wants a decision reviewed or overturned when there's an allegation of bias and so walks away - in theory.

It does not make the Court happy with the party making the request but I've seen it accomplished.

He pays her child support and claims that he has a separate check book for child support, as they were numbered sequentially.

His new girlfriend has harassed and fought with the mother. She has a personal vendetta for the mother.

Quote:

Originally Posted by brouk379

He pays her child support and claims that he has a separate check book for child support, as they were numbered sequentially.

His new girlfriend has harassed and fought with the mother. She has a personal vendetta for the mother.

What does the Attorney say about taking action against the girlfriend?

That is next. As she is in school with 2 jobs, she is trying to save money to take the girlfriend to court. What about the child's safety in the cohabitated house? I agree. That situation needs dire attention. As of now, the child is supervised during father's visitation.

To change a judge just because he does not do what you want him to do, or think he should do is rather hard to do. There must be demonstratable judicial error before a judge can recuse himself. In this case, I don't see any judicial error. Just because he gave dad another chance to clean up his act, I don't see the Judge recusing himself. Dad is a game player but he did cough up the money owed.

So what constitutes judicial error? And according to whom? Who decides? It just seems biased. Esp because judge is harsh on mom and not on dad. He did cough up $ but he will do same thing. Has done same thing for past 2 years. How can it be prevented? He is never punished.

Quote:

Originally Posted by brouk379

so what constitutes judicial error? And according to whom? Who decides? It just seems biased. Esp b/c judge is harsh on mom and not on dad. He did cough up $ but he will do same thing. has done same thing for past 2 years. How can it be prevented? He is never punished.

You and a hundred other people have the same questions. Unfortunately the Law doesn't always work to punish the bad and reward the good.

Would that it did - but it doesn't.

If proper weight wasn't given to the evidence, then someone brings it to the Judge's attention (the Attorney) but it costs money to appeal.

I understand your frustration and concern but if you read through this part of the legal boards some of these cases are heartbreaking. Doesn't change what has happened to your friend but she is not alone.

And then the same question always comes up - was the father always like this?

I have the same problem DCS Took mine , and told me if I did everything they wanted they would give her back, now she is dealing with BedBugs, Bruises from all over her legs, Dried Bloody Noses, and Squeezing Head Torture, and Forced to Say She Loves Everyone, When she can't even cry when she says she missed me anymore... SOMEONE NEEDS TO DO SOMETHING ABOUT THESE FAKE BIAST JUDGES!!

Quote:

Originally Posted by RinaKurosugi31

I have the same problem ...

No. You don't.

Possibly a similar problem. But not the same problem.

And our problem would be to determine what facts your situation shares with those of the previous poster(s).

Please start a new thread and tell us all pertinent information.

Quote:

Originally Posted by RinaKurosugi31

I have the same problem DCS Took mine , and told me if I did everything they wanted they would give her back, now she is dealing with BedBugs, Bruises from all over her legs, Dried Bloody Noses, and Squeezing Head Torture, and Forced to Say She Loves Everyone, When she can't even cry when she says she missed me anymore.... SOMEONE NEEDS TO DO SOMETHING ABOUT THESE FAKE BIAST JUDGES!!!

I'm missing the question here -

Don't you hate those biast judges?