Americus, GA asked in Elder Law for Georgia

Q: Is a recusal order required when a writ of mandamus is assigned to a senior judge?

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2 Lawyer Answers
Answered
  • Estate Planning Lawyer
  • Cary, NC
  • Licenced in Georgia

A: Why is this an elder law question?

Why would recusal be mandated regardless if the case is assigned to a senior or regular judge? You provide no facts warranting recusal. A senior judge is no different than a regular judge. Senior judges usually work reduced hours or on an as needed basis. Senior judges are brought in because the regular judges either have too much work or perhaps cannot hear the case because of some conflict of interest. Are you trying to suggest that because the judge is a senior judge, he/she is incompetent to hear a case because of age/dementia? That could be a reason for recusal but you had better have some real concrete evidence of that. I don't think any lawyer who practices regularly before that judge is going to make a recusal motion on such a basis.

A writ of mandamus is an order (writ means order) to do something. A writ would be issued by a judge presumably in response to something filed by the party seeking the writ.

Try reposting your question in the proper section with more facts. If you are the one filing for or opposing a writ of mandamus then you need to discuss with your lawyer whether recusal of the judge would be appropriate.

If you are representing yourself, what exactly are you trying to achieve? A writ of mandamus is a real special thing and without knowing any of the details, I would question whether its appropriate. I would also question why recusal is sought. I would not be filing either a motion to recuse or a motion for writ of mandamus unless you first talked over your situation with a lawyer who practices in the area of law governing your case and before the court where the writ and motion would be filed.

I agree with this answer Report
Answered
  • Estate Planning Lawyer
  • Cary, NC
  • Licenced in Georgia

A: Why is this an elder law question?

Why would recusal be mandated regardless if the case is assigned to a senior or regular judge? You provide no facts warranting recusal. A senior judge is no different than a regular judge. Senior judges usually work reduced hours or on an as needed basis. Senior judges are brought in because the regular judges either have too much work or perhaps cannot hear the case because of some conflict of interest. Are you trying to suggest that because the judge is a senior judge, he/she is incompetent to hear a case because of age/dementia? That could be a reason for recusal but you had better have some real concrete evidence of that. I don't think any lawyer who practices regularly before that judge is going to make a recusal motion on such a basis.

A writ of mandamus is an order (writ means order) to do something. A writ would be issued by a judge presumably in response to something filed by the party seeking the writ.

Try reposting your question in the proper section with more facts. If you are the one filing for or opposing a writ of mandamus then you need to discuss with your lawyer whether recusal of the judge would be appropriate.

If you are representing yourself, what exactly are you trying to achieve? A writ of mandamus is a real special thing and without knowing any of the details, I would question whether its appropriate. I would also question why recusal is sought. I would not be filing either a motion to recuse or a motion for writ of mandamus unless you first talked over your situation with a lawyer who practices in the area of law governing your case and before the court where the writ and motion would be filed.

I agree with this answer Report

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