Q: Judge offered to recuse bc he was Facebook friends with plantiff but said he didn't know her. Now he's being snide.
After 10 months of landlord refusing to replace missing cabinets or take care of mold after broken pipe flooded entire house, we withheld rent with proper notice. Instead of her being motivated to make repairs, she started eviction proceedings. During 1st hearing, judge advised us he was willing to recuse himself because he just realized he was friends with landlord on Facebook, but assured us that he had no correspondence with her and didn't know how they became Facebook friends.
We took him at his word (I know - stupid) and allowed him to stay. But as the hearing went on, he was making snide comments directed at us and it seems he is antagonistic towards us. He is ignoring the law that says a landlord can't get rid of a tenant in reprisal for withholding rent for legitimate issues. Is there any way we can have him recused before trial?
A: He said he doesn't know her. Even if he did know her (as a Facebook friend or otherwise), that isn't, by itself, sufficient grounds for judicial disqualification. Neither is making snide remarks; he may simply not believe that you have a good case. So, unless you can come up with substantial evidence that he is biased in her favor, you are stuck with the judge.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
