How to get another judge


#1

Generally you cannot get a new judge assigned unless you can prove the judge has a bias. You would file the motion first in front of the judge you already have and then if they deny it you can appeal to the chief district court judge. I would not recommend you pursue this avenue.

If you are concerned with your treatment from this Judge, I would recommend you get an attorney who routinely practice in the county where your case is pending. They generally have a good relationship with the Judges and your case may go more favorably.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#2

This is indeed a sad statement. It verifies that the “relationship” between the judge and a lawyer plays a part in the decisions that are made. It verifies that the judge is only interested in making sure the “favored” lawyer wins his/her case for his/her client in order to drum up more business for the winning lawyer! It’s political and economic…not about what is right or fair! Therefore, lives are ruined for the reputation of the lawyer! So, my ex’s lawyer becomes the premier attorney in my town because the judge favors her and gives her client whatever he wants! That this judge ignores adultery. That this judge awards my ex more than 50% of the property! That I have to suffer the rest of my life because I was under the impression that in this country, everyone is entitled to a fair and unbiased judicial system! You have done nothing but validate how crooked this system is when it should be as simple as looking at the numbers and the circumstances and doing what is fair! But, it’s not. It punishes one because the other happened to get a lawyer who has some “pull” with the judge! That is sick! And destroys LIVES!


#3

I was in no ways suggesting with my post that judges are biased in favor of specific attorneys and I do not believe that is the case. I simply meant that if you have an attorney who is familiar with the judges and has a good relationship with them, they are familiar with the particular likes and dislikes of each judge. This assists them in making sure that local rules are followed, evidence is presented in the way the judge prefers, and that facts that are typically important to the judge are brought to the forefront.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#4

Your answer STILL implies the same thing! Facts are facts! And when a judge refuses to allow certain evidence, that is bias! Attorney knows the “likes and dislikes of judge”! Bias, bias, bias! Good relationship! Bias, bias, bias! It’s a freakin’ game! The law is black and white! Sucking up to the judge is well, bias and prejudice, in order to win your friggin’ case and make money and a name for yourself! Divorce is not supposed to be a criminal case! It’s pretty cut and dried. Fairness is supposed to be the principle in a divorce! But, it’s simply knowing the judge and sucking up to him so he can make YOU, the attorney, the HERO! Most people have nothing in a divorce! It’s the few who come along with some financial ability who put the bread on the lawyer’s table! Sad situation. To be an ambulance chaser! Sorry. Some of your answers are helpful. This one really ticked me off because there is no attorney out there who can help me in this. I paid over 200,000 for absolutely nothing except to be miserable the rest of my life and pay for what my ex did to me! And the abuse continues with me trying to represent myself against an unfair judge!


#5
quote:
[i]Originally posted by nowinsituation[/i] [br]Your answer STILL implies the same thing! Facts are facts! And when a judge refuses to allow certain evidence, that is bias!

It depends on why the evidence was disallowed. If it truly does not matter whether the evidence is presented or not (the evidence would be moot), then there is no point in hearing it. Judges want their cases to move forward, and don’t want to tie up the time hearing evidence that will make no real difference in how something is decided.

For example, if alimony is already going to be awarded (due to the financial issues), hearing on evidence of adultery may not be necessary, since (at least as far as I can tell from reading the statute), adultery only makes the alimony mandatory, it does not mandate an amount.

There are other situations where evidence may be moot. For example, if a court lacks personal jurisdiction over the defending party, the defending party will not necessarily present evidence, or even rebut any evidence already before the court. (In fact, it could harm the defending party’s case against personal jurisdiction to present/rebut evidence before the court. As such, the judge may prevent the filing party from presenting more evidence until the jurisdiction question is decided.)

quote:
Attorney knows the "likes and dislikes of judge"! Bias, bias, bias!

Judges are human, and each judge has their own way of doing things. The same thing applies in the private sector, too. Know your customer(s), and what makes them tick, and you’re more likely to make the sale. If you know your audience, you’re more likely to get your point across. This is especially important if there are two conflicting areas of law governing.

quote:
Good relationship! Bias, bias, bias!

Not showing up to a court date (w/o an extremely good reason and prompt notice, such as funeral, hospitalization, or illness. Assuming it doesn’t matter is NOT a good reason.) is an excellent way to tick the judge off, and for them to view any potential questions in what constitutes “equitable” in a light unfavorable to the absent party.

Judges remember which attorneys have not played by the rules of the court. They also remember which litigants haven’t shown up for court.

quote:
It's a freakin' game! The law is black and white!

The law, in addition to being black and white, also has numerous shades of grey.

quote:
Sucking up to the judge is well, bias and prejudice, in order to win your friggin' case and make money and a name for yourself! Divorce is not supposed to be a criminal case! It's pretty cut and dried.

However, to quantify everything that can legitimately affect how a property distribution (or PSS/alimony) is handled would make most mathematicians break down in tears. (You’re looking at a system with roughly the complexity of the weather, and with far less data.)

One can hardly expect a judge (who may have had a few semesters of calculus, at most) to be able to definitively and precisely model such a complex system.

It’s not quite as cut and dried as you assert.

quote:
Fairness is supposed to be the principle in a divorce!

But then we must ask, “What is fair?”

What my ex thinks is fair is far different from what I think is fair. And a judge could have an entirely different point of view of fairness. And each of us can justify our positions, too.

quote:
But, it's simply knowing the judge and sucking up to him so he can make YOU, the attorney, the HERO! Most people have nothing in a divorce! It's the few who come along with some financial ability who put the bread on the lawyer's table! Sad situation. To be an ambulance chaser! Sorry. Some of your answers are helpful. This one really ticked me off because there is no attorney out there who can help me in this. I paid over 200,000 for absolutely nothing except to be miserable the rest of my life and pay for what my ex did to me! And the abuse continues with me trying to represent myself against an unfair judge!

How do you feel that you’ve been treated unfairly? What errors of law has the judge made? (Mere technical issues, such as calendaring/continuing hearings don’t count, and abuse of discretion is very difficult to demonstrate.) If the judge has made an error of law, you do have the right to an appeal (if filed within the rules of appellate procedure).

Of course, we don’t have the full story, either. We don’t have your attorney’s bills, we don’t have transcripts, we only have what you have disclosed here.


#6

Please tell me what I have to do in order to get another judge. There has to be some way to get rid of the judge “assigned to my case”. I know about motions for recusals, reassignments, etc., but doesn’t the judge assigned to the case have to GRANT the motions? There has got to be something someone can do if she is unfairly treated over and over again. What are the steps I need to take? I need to get this in process. I can no longer afford an attorney and can no longer take the punishment dished out by this judge. I have plenty of documentation concerning his rulings and orders. Thanks.