Cedar Hill, TX asked in Divorce and Family Law for Texas

Q: Can you ask for a different judge because of biased, aEllis county divorce

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1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: You can file a verified motion to recuse the judge for bias. You will need to attach a sworn affidavit signed by a person with personal knowledge attesting to facts showing that the judge is biased. Bias cannot be demonstrated based solely on a judge’s rulings and decisions during the course of your case.

You will need facts about the judge’s words or actions outside of your case to demonstrate bias. Otherwise, every time a judge ruled against a party, that party would try to get the judge changed by alleging bias.

For example, if you cut off a person in traffic, and he yells, “I will make you pay for that!” and it then turns out that person is the judge for your case, you could file a successful motion for recusal because the judge’s impartiality in your case might reasonably be questioned.

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