Thursday, February 13, 2014

Original Judge was recused and re-assigned by administrative district judge but now other party is objecting?Original judge would not recuse...

Question

Original Judge was recused and re-assigned by administrative district judge but now other party is objecting?

Original judge would not recuse themselve, so the administrative district judge signed the motion and a new judge was assigned with trial date. Now the opposing party is objecting to the recusal so objection hearing set less than 7 days before trial date. Can they do this? It seems as though the district judge should be able to have the upper hand. What Should we do?



Answer

You really need to hire a competent family law attorney. This sounds like a train wreck waiting to happen. Once the recusal order is signed, there is probably no sustainable basis to object to the recusal. Just go to the hearing and see what happens.

Again, you would be much better off with an attorney. I know lawyers are not cheap...but about 20% of my practice involves charging people $5,000 to fix something that could have been prevented with $2,500 in legal fees if they had hired me at the beginning of the case. In other words, representing yourself is usually a false economy.



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