Q: can I request a different judge if I feel his judgement is affected by something that happened in his personal life?
I am being charged for a DUI. I contested the stop and there was evidence on video of the headlight not being out and one being brighter. In the officers statement, they could not remember anything specific about the arrest, could not remember what headlight it was and they also stated that because their vehicles headlights are so bright, they make the other vehicles headlight look brighter on video.
The judge lost his daughter because of a drunk driver years back. I feel he is unjust and should not handle my case because of his personal feeling to drinking and driving.
I have a public defender for my case but she is a assistant public defender and I don't think she knows enough to help me fully.
A: You typically cannot file a removal request once the judge in your case has made substantive decisions in your case. Ultimately, you have a right to appeal the Court's decision on appeal if you lose the case. FYI, the fact that someone is described as an "assistant public defender" does not mean that your attorney is unqualified. It simply means that your attorney is not the chief public defender for the judicial district. The Chief Public Defender rarely if ever handles cases themselves.
A: In Minnesota, we can remove a judge once if we notify the court of our desire to do so shortly after we are told which judge the case is assigned to. But sometimes, the case then goes to a worse judge. Beyond that, a litigant can make a motion to the judge to remove herself for cause or bias. Of course, most are reluctant to do so unless a strong chance that it will be granted.
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