What to do if a judge with a reputation for bias has held me in contempt knowing that I was not properly served?
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What to do if a judge with a reputation for bias has held me in contempt knowing that I was not properly served?
This judge is a personal acquaintance of my ex’s supporter, has a reputation for anti-father bias and has removed my daughter back to her mother in spite of the fact she forced our daughter to conceal domestic violence, suggested suicide to myself and our daughter and abandoned our daughter with me for months so that she could concentrate on her boyfriend. What has to happen before someone in whatever court, can say that this judge is biased and not acting in the best interest of the child as state law suggests and are there any state precedents on judge’s being sued for exceeding their authority and ignoring due process making their actions
Asked on October 17, 2012 under Family Law, Washington
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If you don't have a family law attorney to help you, then you really need to get one because you raise several issues that can be addressed through proper motions.
If the judge is biased to the point that he cannot fairly review the facts of the case and make an impartial decision, then you need to file a motion to have the judge recuse himself. If he refuses and continues to make rulings that are not in the best interest of the child, then you have what are called "appellate rights"-- the right to appeal his decision. To invoke these rights, you have to file the appropriate notices with the local court and the appellate court. So as you are looking for a family law attorney, try to find one that has some overlapping experience in appellate law. If you can't get a fair shot at the trial court level, then make sure you even out your odds at the appeal level.
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