Divorce Proceedings and the Removal of a Judge Based on Prejudice

At the Law Office of David P Schwarz we have filed many motions in Orange County superior Court to recuse a judge whom we felt was prejudiced against our client or was found to have a bias toward the issues in the Divorce action. Please contact our office at 949 735 9266 or via the web. We can also be reached via email at dpslaw66@gmail.com

A Divorce lawyer will strongly defend any appearance or known prejudice a judge might have against the facts of their case or against themselves. A judge cannot hear or make any rulings on a case that they might hold a prejudice against.

The Orange County lawyer can file a motion to the court based on the belief that the judge cannot give a fair or impartial hearing on behalf of their client.

There must be proper notice given the judge before an attorney files the motion in the Court. The Court must be given 10 day notice before the first court date in order for the motion to be heard and therefore to have any effect upon the Court.

A Divorce attorney can argue for the motion to recuse a judge after reversal on appeal of a trial court's decision

The motion shall be made within 60 days after the party or the party's attorney has been notified of the assignment.

Once the motion is before the court and a written declaration has been drafted by the attorney making the motion to the court under penalty of perjury the judge must decide the fate of who will preside over the divorce proceedings. The judge does not need any further act of proof in order to make a decision based upon the motion by the lawyer. The judge then will reassign the divorce proceeding to another judge in anther department.

At the Law Office of David P Schwarz we have done many motions to relieve a judge and will make sure that the rule of law is followed. Except as provided in this section, no party or attorney shall be permitted to make more than one such motion in any one action or special proceeding pursuant to this section.

A Lawyer making the motion in family law court to protect the interest of their client must be very careful before filing the motion based on the prejudice of the judicial officer. The attorney gets one bite of the apple when they make the motion to recuse the family law judge. Therefore, if the family law attorney makes the motion requesting the removal of a judge from the divorce proceeding and it is granted, they cannot redo the motion and the new judge who is assigned to the case.

In addition, the family law court does not permit a continuance of the divorce proceedings in order to make sure the motion is heard and the change of judge is done. The removal of the judge does not permit any continuance of the divorce hearing at all.

At the Law office of David P Schwarz we are very adept at deciding which Orange County judge is prejudicial and will effect our clients interest in the divorce proceedings. Please contact our office to get a consultation regarding this matter at 949 735 9266 or via the web. Please also reach out to us via email at dpslaw66@gmail.com.