Changing Judges

In some of my divorce cases, I invariably get asked if we can get a new Judge. Clients often feel as if the Judge doesn’t like them or favors men or women. The answer is almost always no.

It is very difficult to get a Judge to recuse themselves (i.e., remove themselves from the case). The only required reason to remove a Judge is to show that they are closely related (by blood or marriage) to the Plaintiff or the Defendant. Additionally, if you can demonstrate that the Judge has conducted business with the other party, then you should also be able to get the Judge to remove themselves. Otherwise you have to demonstrate that the Judge has an actual prejudice to your matter. More importantly, it is up to the very Judge that you are trying to get removed to decide whether he/she should be removed.

As you can imagine, Judges do not like being told that they are prejudiced or biased. In virtually all cases they will deny your motion to have them removed. Then you are stuck with a Judge who may not be very happy with your allegations of their prejudicial conduct.

Instead of wasting time, money and energy in trying to remove a Judge, it would be more productive to focus on the facts of your case.

The Badanes Law Office has assisted several individuals with divorces and can help you understand the new divorce laws and how they affect you. Call the Badanes Law Office today at: 631-239-1702, email us at: david@dbnylaw.com or visit our web site: www.dbnylaw.com.