Recusal of a Judge

[LizaLou1]

Dear Soc,

I'm back with more questions about DH's ex (we are in AL).  She has just filed, pro se, papers requesting that the judge be recused because he does not put the children first and because he is in cahoots with our attorney (her other claims are beyond ridiculous).

Her document annotates service to our attorney and to Family Court, i.e. our judge.  But the tense of the document makes it lseem she was sending it a third party for a decision.

1. Who makes a recusal decision?

2.  If our Judge makes the decision and refuses to recuse himself can she appeal somewhere else?


Thanks

LizaLou

[socrateaser]

>1. Who makes a recusal decision?

The judge makes his/her own decision, unless there have been no orders made in the case at the time of the recusal motion, in which case, the first recusal is usually automatic.

>2.  If our Judge makes the decision and refuses to recuse
>himself can she appeal somewhere else?

Theoretically yes, to an appellate court, but the cost and technicalities are beyond the reach of the average person.