I filed a complaint against a small claims court judge a few months back. It hasn't been reviewed or investigated yet that I'm aware of. I have to appear before this same judge this week regarding another case. Is there anything I can do to postpone this appearance until I hear an outcome on my complaint? I feel I will not be treated fairly again and that there is a conflict of interest with this judge. Do I have any options?

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Originally Posted by knowledgeaddict

Do I have any options?

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Hello k:

Yes. You may make a motion for a change of venue, and I would.

excon

Not necessarily a change of venue. The only reason you would ask for a change of venue is if this judge is the only one hearing small claims court cases in your area.

What you do is file a motion for the judge to recuse himself from your case. You may have to file the motion with the chief judge in your area. But clearly there is a conflict of interest and this judge should not be sitting on any case you are involved in.

Thanks a lot guys for your responses. Much appreciated.

In my area you simply submit a letter to the Court Clerk. She reschedules the case for a night (in my area) when another Judge is sitting.

I have had to do this because I have done legal work for one of the Judges.