need new judge

[imkickin2]

help judge never read my custody investigation report so i had to call him on my ex' s arrest for crystal meth i was pro per. now he is biased against me. that was the first investigation. now i just lost again this time i had an attorney. the court reporter, my attorney, other lawyers cannot believe what has happenned to me. meth possesion, 10 driving on suspended\speeding tickets, arrests,warrants, and the judge says no more time for me denied a 730 evaluation, and representation for my son who is 5. how can i get a new judge?

[MrR]

Davy is the man with the answers for this question. It's not easy to do, but it can be done. His info helped me pull it off. You might try contacting him through this site, via email.

[imkickin2]

who is davy and how may i contact him? im at a complete loss

[Davy]

imkickin2

Here's a synopsis of a recusal experience with a State District court judge in Illinois.  By contrast, a Texas recusal action is  self imposed by a judge so become knowledgable of your state statues.  You may also want to learn how to properly interrupt a hearing to withdraw your attorney for failure to adequately represent your child and yourself.  My personal opinion favors retaining counsel from outside of the 'good ole boy' sysem.

A Recusal motion or Motion to Recuse is a request to a judge to remove himself from a case usually for bias and/or prejudice, or some other interest which prohibits a fair and impartial rendering.  The motion is accompanied by an Order for the judge to sign and once signed a new judge from the judicial district is usually assigned to hear the case within a matter of days.  

In my particular case, the judge denied the motion (refused to sign himself off the case) and my attorney submitted a second identical motion the next day and told the judge if he refused to sign it he would have his ass in front of the supremes in a very short time.  (attorney was capable) The State District court judge signed it.  He was not as powerful as he thought.

I believe the motion was worded as such : Request to Judge to recuse for bias and prejudice against the xxxxxxx family namely , , , and .

After the judge recused himself it took 3 very long months for another judge to be assigned.  


ARTICLE ON DEALING WITH JUDICIAL BIAS THAT I BELIEVE ORIGINATED ON THIS (SPARC) SITE :

Dealing With Judicial Bias

If you suspect that judicial bias is present, or that it may play a part in your case, consider these options:

Request in writing that your attorney arrange for a court reporter to be present at the trial and record the entire proceeding. Judges miraculously act more judiciously when they know they're being put on the record by a court reporter. Remember that it is your right to have a court reporter present; if necessary, insist on it.

If the trial is held in an open courtroom or chambers, pack the place with people you know who you can rely upon to testify regarding the judges demeanor should you appeal based upon judicial misconduct. If the bias against you is blatantly obvious, call the local paper and let them the reporter that cover the court-related stories. Make sure you indicate the time and place they should be for your court appearance(s).

Subtly hint to your attorney that if you experience any gender bias or judicial misconduct, or anything that is in the slightest way appealable during the trial, you WILL appeal. Your "hint" will get back to the judge and may cause him to moderate his biases. Judges hate to be appealed. Even if an appeal is unsuccessful, the judges hate to get the reputation that a large portion of their judgements are appealed. Remember that the "threat" of an appeal is only good if you have the money to actually file and pursue the case.

Consider asking your attorney to motion for the judge to recuse himself from the case. This can be a risky route- most judges DO NOT like to be told that they can't conduct business as they see fit in their own courtroom or that they're biased, and they may do their best to punish you for it later. However, if you have a valid reason for believing that the judge cannot be impartial, a motion to recuse is reasonable.

[imkickin2]

i am going to buy the transcripts as soon as i can afford them they are already done. this court reporter says she cant believe the way i have been rail roaded. anyway i will appeal before i do the recuse thing thank you