Q: When a judge recuse itself off a case is the case suppose to be moved to a different vicinage or stay in same courthouse
A: The answer depends on the reason for the recusal. I suggest you ask your lawyer or if you don't have one, hire one to determine what should be done.
1 user found this answer helpful
It depends on the nature of the recusal. If the judge recused himself due to a personal conflict in the case then a different criminal judge in the vicinage would likely be assigned. If the recusal is based on the inability to get a fair trial in the vicinage then it is more likely the case will be transferred.
No matter what happens with the case it is important you have an attorney representing you. Depending on the degree of the charge you are facing jail time of 18 months-10+ years. Many attorneys offer a free consultation. Your best bet is to speak with an attorney.
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.