Q: Hello! I'm in Los Angeles, and I'd like to know my options for removing a Family Law Judge from my case.
Hello! I'm in Los Angeles, and I'd like to know my options for removing a Family Law Judge from my case. The Judge has consistently shown prejudice and makes orders that abuse the court's power. I can document all allegations and prove with evidence using the Judge's contradictory ruling that shows a bias application of the best interest of a child standard and failure to uphold final court orders made after a long trail. The Judge also make bais rulings and frequently deny my rights. The Judge has made ex-parte permanent orders related to legal and physical custody without a hearing or my attendance. The other filed an Ex Parte recently without proper notice and the made effectively change my full physical custody and practically full legal custody (I have final decision-making authority with support from minor's counsel for full physical and legal custody)
A:
If the Judge you wished to recuse had never made a judicial decision in your case you could have filed what is called a 170.6 affidavit and they would be recused from hearing your case. You are allowed to do that for one judge without stating anything more than you believe he would be prejudiced against you.
However, where, as here, the Judge had previously made a ruling in your case you would need to file a 170.1 motion to recuse him/her. This is a very complicated motion which requires definitive declarations of fact to prove his/her prejudice in your case. The judicial officer then has an opportunity to respond after which another judge will make a ruling on your motion. There are many rules concerning this type of action which you can easily run afoul of and this should only be undertaken carefully as there are consequences involved if your motion is denied.
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