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Jeezie1 · May 4, 2010, 12:56 PM

My daughter-in-law is trying to petition an Order of Protection against her ex husband. She had selected a Judge that she believed would be fair to the case, but she has now been summoned to see a Judge that she does not redeem fair. This second Judge was requested by the ex husband because he knows that this second Jude will rule in his favor. Is this a legal request, or can my daughter-in-law demand that she be given the Judge of her choice?

Jeezie1 · May 4, 2010, 01:00 PM

My daughter-in-law is trying to petition an Order of Protection against her ex husband. She had selected a Judge that she believed would be fair to the case, but she has now been summoned to see a Judge that she does not deem fair. This second Judge was requested by the ex husband because he knows that this second Judge will rule in his favor. Is this a legal request, or can my daughter-in-law demand that she be given the Judge of her choice?

excon · May 5, 2010, 06:00 AM

Originally Posted by Jeezie1

Is this a legal request, or can my daughter-in-law demand that she be given the Judge of her choice?

Hello J:

Judges are NOT assigned based upon the participants preference. That isn't justice.

excon

twinkiedooter · May 5, 2010, 08:59 AM

Usually court cases or Motions for Protective Orders are assigned by the Court Clerk in order that they are filed. There is no such thing as "assigning" a court case by either the Plainitiff or the Defendant. It's done randomly by the Clerk's Office in the order that the case or Motion was filed. In other words if there are 5 judges sitting in your County's Courthouse then one case or motion would be filed per judge in whatever order that the clerk's office has the judges in. Then the next case would be assigned to a different judge on and on until the first judge is reached on this list.

In my county there are only 2 judges that would hear this type of matter. So I'd have a 50/50 chance of getting the "right" judge that I want. This is not chosen by me but by the Clerk at the time of filing.

Counties must have at least 2 judges to hear such matters due to any conflicts arising such as you state.