What can I do when the judge is biased?

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What can I do when the judge is biased?

The judge in my case seems heavily favorable to my ex-wife. He has been seen having conversations with her outside of court. She approached him concerning the trial. Is this legal? What can I do when I firmly believe that the judgements in this case have very little to do with the evidence?

Asked on May 7, 2009 under Family Law, Kansas

Answers:

R.C., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

   Kansas Statute 75-575(a) says that "A presiding officer serving in an adjudicative proceeding may not communicate, directly or indirectly, regarding any issue in the proceeding while the proceeding is pending, with any party or participant, with any person who has a direct or indirect interest in the outcome of the proceeding or with any person who presided at a previous stage of the proceeding, without notice and opportunity for all parties to participate in the communication."  This is called ex-parte communication, and it is forbidden without your participation.

   This seems like it sums up your situation, although of course you don't know what the two are talking about.  Do you have a lawyer?  If yes, tell him about this situation right away.  If he knows but isn't inclined to take any action, perhaps you should call your county or state bar association, and ask him where you can make a complaint about this ex-parte activity between the judge and your wife.


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