Your family law case can be full of emotion. After all, they deal with sensitive subjects like divorce, custody of a child, and the division of assets. Should the case go to court, you can rest assured that the judge and legal team overseeing every decision will handle your case professionally and with the intent of achieving the best possible outcome for everyone involved.
But what happens if you feel uneasy about the judge overseeing your unique legal matter? Much like you had a choice of which lawyer you wanted representing you in court, do you have the same opportunity regarding the judge?
Reasons to Request a Different Judge
It’s important to note that Texas law does not typically allow you to, for lack of a better term, “judge shop.” That said, there are many legitimate reasons why you or the other party in your case may want a different judge to preside.
A few of these reasons can include:
- Bias or prejudice — If you believe the judge may be biased in any way or made inappropriate comments that show prejudice, you can file a motion to remove him or her. Bias does not mean the judge ruled against you on a particular issue. It simply means that they (in your eyes) have shown they cannot be fair or impartial. In this situation, you must include the specific reason and documentation or evidence of your stance in the motion.
- Conflict of interest — If the judge has a personal connection to any party in the case, that can create a conflict of interest. Maybe they know one of you socially or have business ties. In these cases, the judge is expected to recuse themselves. If they don’t, you can request their removal.
- Prior involvement — You may be granted a different judge if the current one has an existing or past legal relationship with you (they were your attorney in the past or a witness in another legal matter).
- Ethical violations — Judges must follow strict ethics rules. If a judge breaks those rules, such as accepting bribes, showing discrimination, or violating the law, you can request a change.
The Process of Requesting a Different Judge
If you have grounds to request a different judge, you must first file a formal motion. This is called a motion to recuse or a motion to disqualify. It should explain your reasons for believing the judge cannot be fair. Be prepared with evidence—whether it’s statements the judge has made, proof of a personal relationship, or other facts supporting your claim.
After you file the motion, the judge could agree to step down. Another judge could also hear the motion. If the second judge decides there is a valid reason, they can reassign your case. If not, the original judge will continue to preside.
Timing is important. You can’t wait for the judge to make a decision you don’t like before asking for a new one. You must file the motion to recuse or disqualify as soon as you notice any bias, conflict of interest, or ethical issues.
Please Call Christman | Daniell Attorneys for Your Legal Needs Today!
Looking for family law services? Christman | Daniell Attorneys is your premier choice. With years of experience and a deep understanding of the legal landscape in cities throughout the Dallas-Fort Worth area, our skilled team is dedicated to helping families navigate complex legal matters. Whether it’s divorce, child custody, or adoption, trust Christman | Daniell Attorneys to provide compassionate and effective representation for all your family law needs.
Please consult an attorney for advice about your individual situation. The material on this website and in this or any blog article we publish is for informational purposes only and does not constitute legal advice. The attorneys at Christman | Daniell Attorneys believe in tailoring legal advice and solutions to your own personal circumstances.
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