Thursday, September 15, 2011

What do you do if the judge you are trying to remove denies your change of venue?

Has to do with the school system and a student and the judges wife being a teacherWhat do you do if the judge you are trying to remove denies your change of venue?Change of venue has nothing to do with what you're asking.



Unless the judge can act impartially and there is a real conflict to the case at hand he is required to recuse himself from the case. However, if there is no conflict, then he is not required to recuse himself.What do you do if the judge you are trying to remove denies your change of venue?trying to remove a judge is completely different from requesting a change of venue. If you believe that the judge has some sort of bias against you (or your client) you should do a motion to recuse the judge. A motion for change of venue is if you believe you will not be able to get an impartial jury in the town or county the case is being heard in, or if you think that a different town or county would be more convenient for the parties.What do you do if the judge you are trying to remove denies your change of venue?What state are you in?



In California, if a judge's objectivity is compromised, such as being on a case against a school/district and having a wife as a teacher in that school, would be obligated to recuse himself from the case.



Your attorney should be able to answer this for you-- if not, time for a new one!



Either you have a case to change judges or you don't and you'll have to deal with it-- it depends on the exact circumstance.What do you do if the judge you are trying to remove denies your change of venue?You are asking for the judge to %26quot;recuse%26quot; himself, that would be because the judge's objectivity could be questioned. Your attorney should make the request.What do you do if the judge you are trying to remove denies your change of venue?If Judge denies Motion to Recuse, I guess you might be able to file an interlocatory appeal (i.e. take issue to Court of Appeals, while the underlying case is still pending).