Can I Refuse a Family Court Commissioner or Family Law Judge?

by | May 22, 2013 | Firm News |

In some Placer County family law cases, parties feel as though the assigned family law judge or family law commissioner is not listening to their side or is actively biased against them.  Placer county judges and court commissioners are supposed to be fair and neutral to all parties and to apply the law equitably.

The truth is that while Placer County judges and commissioners work very hard to do justice, they are only human and sometimes make mistakes.  Also, they have feelings and if they perceive they are being subtly disrespected or openly insulted by a party in court, they are going to be less inclined to view that party’s case favorably.  Thus, we always recommend parties treat the judge with professional respect and courtesy

In cases where you fear that the judge is not listening to your case you can issue a challenge to recuse or strike them from hearing your case.  This challenge does not require you list a cause for the striking.  You simply get to use the challenge as a matter of right.  However, we strongly recommend you speak to a Placer County family law attorney before deciding to undertake this action.  There are legal and strategic considerations before issuing a challenge to a sitting judge or commissioner.

If you believe your judge or court commissioner is not listening to you and is biased against you, please call us immediately.  We offer a free half-hour consultation in which we can discuss your case and how to address any possible challenges to the judge or commissioner.  Please contact us today.