SPARC Forums

I have had several runins with the Child Support Attorney, who I have reason to believe is treating me differently that others. I am still researching my past actions and making comparisions to other cases to determine whether my recently denied documents are indeed defective and if they are, correcting them, but if they are not, seeking remedy a variety of ways. I have read that a Distict Attorney can be disqualied under PC 1424.

1. Can a Child Support Attorney be disqualifed using the rules and procedures outlined in Penal Code 1424?

2 If not, is there any procedure for removing this attorney from hearing my case?

3. If so, please inform.

Thank you.

>1. Can a Child Support Attorney be disqualifed using the rules
>and procedures outlined in Penal Code 1424?

Probably not. Child Support Attorney is not an employee of the district attorney's office. It's a separate agency. On the other hand, it's probably never been tested. Maybe a court would find that the statute should be interpreted to include child support attorney or any other attorney employed by the state. I doubt it, but it's possible.

>2 If not, is there any procedure for removing this attorney
>from hearing my case?

I have no idea. You'll need to research the child support agency administrative rules. I'm guessing that the issue's never been considered. If true, then you could simply file a motion with the court requesting an order for the child support attorney to withdraw from the case in preference to a different representative, on grounds that the attorney is abusing the legal process and denying you due process.

But, you'd better have some pretty compelling evidence, or the judge will probably think you're nuts.