Rancho Cucamonga, CA asked in Bankruptcy for California

Q: what are the steps in transferring to another judge

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2 Lawyer Answers
Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in California

A: Typically in litigation you can't pick judges. You may have grounds to disqualify a judge, but those are rarefied. Judicial misconduct can be reported to the state. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

Sally J. Elkington
Sally J. Elkington
Answered
  • Bankruptcy Lawyer
  • Oakland, CA
  • Licensed in California

A: Because this question is in the bankruptcy practice area I will assume you are talking about a Bankruptcy Judge. A judge can recuse him or herself if they believe there is a conflict with them presiding over the matter, but that does not happen very often. Basically, you cannot "judge shop". Unless you can find real evidence that the judge should be recused fpr a conflict or real bias, you will just have to accept the Judge. There is such a thing in bankruptcy called a Motion to Recuse, but it is very difficult to win that type of motion.

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