What actions can a lawyer take if he or she feels a judge is bullying him and violating the law?
What actions can a lawyer take if he or she feels a judge is bullying him and violating the law?
Here are the rules for my jurisdiction (Utah) that governs the disqualification of a judge:
Rule 63A. Change of judge as a matter of right.
(a) Notice of change. Except in actions with only one party, all parties joined in the action may, by unanimous agreement and without cause, change the judge assigned to the action by filing a notice of change of judge. The parties shall send a copy of the notice to the assigned judge and the presiding judge. The notice shall be signed by all parties and shall state: (1) the name of the assigned judge; (2) the date on which the action was commenced; (3) that all parties joined in the action have agreed to the change; (4) that no other persons are expected to be named as parties; and (5) that a good faith effort has been made to serve all parties named in the pleadings. The notice shall not specify any reason for the change of judge. Under no circumstances shall more than one change of judge be allowed under this rule in an action.
*****
(e) Rule 63 unaffected. This rule does not affect any rights under Rule 63.
Rule 63. Disability or disqualification of a judge.
(a) Substitute judge; Prior testimony. If the judge to whom an action has been assigned is unable to perform his or her duties, then any other judge of that district or any judge assigned pursuant to Judicial Council rule is authorized to perform those duties. The judge to whom the case is reassigned may rehear the evidence or some part of it.
(b) Motion to disqualify; affidavit or declaration.
(b)(1) A party to an action or the party’s attorney may file a motion to disqualify a judge. The motion must be accompanied by a certificate that the motion is filed in good faith and must be supported by an affidavit or unsworn declaration as described in Title 78B, Chapter 18a, Uniform Unsworn Declarations Act stating facts sufficient to show bias, prejudice or conflict of interest. The motion must also be accompanied by a request to submit for decision.
Utah Family Law, LC | divorceutah.com | 801-466-9277