Getting new judge

Dear bohica:

Greetings. In Wake County - my answer is no. Possibly in other counties you may be able to do this. There are limited reasons that a judge must recuse themselves. Good luck.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax


The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

Is it possible to have a new judge assigned if you are making a motion for modification of alimony and child support? Is this considered a “new trial” and a different judge could hear the motions other than the one you have been assigned to? Once a case is underway, done, and post-judgment, can you try to get another judge to hear other motions if you do not think the judge you have can be fair? Thanks.