why would attorney ask for change of judge

There can be several reasons that you would want to change the judge in your case and there are a few ways that you can move to change judge. Reasons for change could include a feeling that the judge is biased or doesn’t like you. The judge could even have some connection to the other party.

Full Answer

Is it easy to change a judge?

Changing judges is a common request and each state handles it differently. Many states allow you to easy change a judge if you request the change early, but make it more difficult once proceedings begin.

Why is an attorney before a judge?

There’s one reason and one reason only that an attorney is before a judge. You are there to be an advocate for your client’s position.

Can a party change the judge in a civil case?

It is not unusual for a party to either a criminal or a civil case to want to change judges or to request that a different judge be assigned to their case. Typically a party will request a new judge because there are facts that indicate the assigned judge may not be impartial.

When to change the judge in a family law case?

Change of Judge in Family Law Cases. Many participants in the family court system are unfamiliar with an important rule – the right to a change of judge. When a party files a new case – a petition for dissolution of marriage, or for paternity and custody – the county clerk randomly assigns the case to one of the judges in the family court.

What are the two most common reasons a change of venue will occur in a case?

Change of Venue in California Reasons for changes of venue include pretrial publicity, bias, political atmosphere, and any other circumstance that the parties believe would prevent them from obtaining a fair trial in the county in which the case was originally filed.

When an attorney requests a change of venue the attorney is asking?

When an attorney requests a change of venue they are asking: to move the trial from one state to another due to the potential unfairness of a trial in the first state. A change of venue is a request to move a trial to a different physical location in order to effect fairness and justice.

What does a request for a change of venue in trial stand for?

When a Motion for Change of Venue is filed in a criminal case, it means either the prosecution or the defense is asking the judge to move the upcoming trial to a different place.

What is the reason to change the venue?

Grounds for Change. To achieve a change of venue, defendants typically have to show a reasonable likelihood that they can't receive a fair trial. That reasonable likelihood is usually due to pretrial publicity, but it could have to do with some other event making it almost impossible to find an impartial jury.

Who makes the final decision regarding a change of venue request?

In these cases, the trial judge is given great deference in most jurisdictions by appellate courts in making the decision as to whether there is a more appropriate venue. A change of venue may be reflected in the formal language used in a trial.

What is a gag order from a judge?

A "gag order" is the term for when a judge prohibits the attorneys, parties, or witnesses in a pending lawsuit or criminal prosecution from talking about the case to the public.

Which of the following might be considered a mitigating circumstance?

The defendant making restitution to the victim of their crime. The defendant acting out of necessity. The defendant having a difficult personal history. The defendant struggling with a drug or alcohol addiction.

What are the levels of burden of proof?

There are three burdens of proof that exist for most cases: proof beyond a reasonable doubt, clear and convincing evidence, and preponderance of the evidence.

WHY IS venue important in a criminal case?

venue, in law, locality in which a criminal offense or civil litigation is to be conducted. The concept of venue involves important issues of public policy in the adjudication of crimes. Local and general statutes specify the court in which a criminal offense or civil claim must be tried.

What does it mean if a judge releases a defendant on personal recognizance *?

Release on your own recognizance means you don't have to pay bail. Simply put, OR release is no-cost bail. Defendants released on their own recognizance need only sign a written promise to appear in court as required.

What is it called when a jury decides guilt or innocence?

A trial jury, also known as a petit jury, decides whether the defendant committed the crime as charged in a criminal case, or whether the defendant injured the plaintiff in a civil case.

What is a motion of suppression?

A motion to suppress is a motion that revolves around the exclusion of evidence from trial. In the United States, a motion to suppress is a request made by a criminal defendant in advance of a criminal trial asking the court to exclude certain evidence from the trial.

What Happens If You Want to Change Judges?

Changing judges is a common request and each state handles it differently. Many states allow you to easy change a judge if you request the change e...

Can I Change The Judge If I Don’T Like How They Are Handling My Case?

Simply not agreeing with what the judge decides on an issue will almost never be a sufficient reason to change judges. Since every ruling will hurt...

Do I Need An Attorney to Change Judges?

The judge that proceeds over your trial will have a significant impact on your case. You may want to research the judge you have been assigned long...

Why is changing a judge tricky?

Changes of judge can be tricky propositions because you do not know much about how the judge views your case or you so early in the process. And it could be that the judge on reassignment could be worse. But lawyers who are experienced practitioners in a given county should have sufficient knowledge to advise clients about the need to make a change of judge.

How long does it take to change a trial judge in Missouri?

The application must be filed within 60 days of service of process or 30 days from designation of the trial judge, whichever is longer. The change must happen automatically and need not allege any reason.

What does "keep this judge" mean?

It means that you should speak with your attorney about your assigned judge and whether your attorney thinks it is a good idea to keep this judge for the long haul – not just for this one case but for any future modifications.

Can a strike have a third judge?

Each party has a right to a change of judge, so if both exercise their strike, a case could have a third judge before it really gets going.

Why change the judge?

In regard to judges, perhaps a party knows of some association between the judge and the opposing party, which they believe will prove detrimental to their case. Perhaps a party’s attorney has been before a particular judge, and based on their past experiences, believes that another judge would better suit their client’s interests. Perhaps a particular judge’s political leanings are well-known, and a party believes that such leanings would likely cut against their legal position. There could be a number of other reasons, of course, why a change of judge would be preferred.

How many changes can a party take from the judge?

Provided, however, a party shall be entitled to only one [1] change from the judge. After a final decree is entered in a dissolution of marriage case or paternity case, a party may take only one change of judge in connection with petitions to modify that decree, regardless of the number of times new petitions are filed.

What is the Indiana Rules of Trial Procedure?

The rules. Changes of venue or of a judge are governed by the Indiana Rules of Trial Procedure, and specifically Rule 76. Let’s look first at the rule regarding change of venue. For change of venue, Rule 76 (A) states that: In civil actions where the venue may be changed from the county, such change of venue from the county may be had only upon ...

What determines if a change of venue is granted?

However, the essential element to keep in mind is whether the party seeking a change would be unlikely to receive a fair trial in the current setting, based on local prejudice or bias.

Why change venue in a case?

There are also several reasons why a party might wish to change the venue of a case. A case’s venue is the geographic location in which a particular action may be properly tried. Perhaps the plaintiff and defendant live or operate (in the case of a business) in different counties, and one party is wary of having the case heard on ...

What changes are possible in Indiana?

What changes are possible? Indiana law allows for parties to a case to request a change of the judge set to hear the case, or of the county in which the case is to be heard. These two elements – judge and venue – are both critical elements of any case, so having the ability to change them is quite significant.

Why would a court grant a change of venue in Indiana?

There are a number of reasons why a court could grant a change of venue, but Indiana courts have looked primarily to two objectives in determining whether to grant such a change: the right of each party to a fair trial before an impartial judge, and the goal of conducting a trial in a county unaffected by prejudice.

3 attorney answers

changes of judges could happen for many reasons; new assignment; retirement; redistribution of cases when new judges get added to the court; and others

Fred T Isquith

I agree with Mr. Zachary. I would just add that, if you do not like the new judge that is assigned, your state may give you the option to request a change of judge. If that is the case, be sure to pay close attention to any deadlines for making this request. You will not be able to request a specific judge.

Kerry Michael Hultquist

Judges rotate to other areas like criminal, juvenile, civil, probate. Also, judges retire or leave the bench. You will have your new judge unless there is reasons to switch judges. Some lawyers don't like going before particular judges so you should ask your lawyer for the opinion on the judge.

What does it mean to talk to a lawyer about a case?

In most cases that isn't what's happening. Talking to your lawyer can give a more objective evaluation of how the judge seems to view the case.

What is bias in a case?

Bias is more than your gut feeling that the judge is favoring the other party. You have to show specific examples, such as giving one party more time or making disparaging comments about one of the parties.

Can you ask a judge to leave a case?

Asking the judge to leave because you think they're biased doesn't always work. But once you make the request it becomes part of the record. On appeal you can bring it up again and maybe have another judge look it over. If nothing else, it gives you a reason to appeal.

Do judges have to look at both sides?

In most cases there shouldn't be any problems. Judges are trained to look at both sides and not be swayed by anything other than the facts. Most judges are fair and while they may not be friendly, they do a good job of deciding cases based on the merits rather than the personalities of the parties.

Can biased judges change everything?

But in that small number of cases, having a biased judge can change everything. If that happens to you, it's important to know how to deal with it.

Can a judge be recused?

For a judge to be recused there must be evidence of bias in the way the decision is made. Some judges may agree to the change just because you asked but others may be unwilling to leave unless you can prove bias.

How to hand a judge a document?

to hand the judge a document, the judge does not have to accept what the lawyer wants to hand the judge, and so one must ask whether the judge will accept the document and whether the judge will grant the lawyer permission to approach and hand the judge the document. Sometimes the judge will agree to accept the document, but still ask that you hand the document to his/her bailiff or clerk to give it to the judge, rather than you handing it to the judge directly.

Why do attorneys approach witnesses?

If the attorney is asking to approach a witness, opposing counsel table, or essentially anyone except for the bench, the primary reason is courtesy.

Why do judges use bench conferences?

A bench conference may also be used in a non-jury setting for the judge to briefly speak with the attorneys outside the hearing of the rest of the courtroom. If the attorney is requesting a bench conference, it may be to avoid the hearing of a witness in the courtroom, or persons in the gallery. It may be to simply resolve a quick technical point or establish the order of witnesses.

What is courtesy in court?

The first, again, is courtesy. It respects the authority of the judge to control the procedure and decorum of the courtroom. Before you just walk up to the judge and dump a bunch of documents in his lap, it’s respectful to ask first.

What does it mean to come closer to a witness?

to come closer to the witness for the purpose of speaking to a witness who is hard of hearing, or to point out a particular part of a document you want the witness to read or comment on, or to operate a machine or demonstrative exhibit, etc., the judge does not have to allow such a thing and may prefer that you stay put at the rostrum or counsel table, and so one must ask permission to approach the witness first.

What to do if someone supports non-representation of the criminal defendant?

If anyone who supports non-representation of the criminal defendant, then please offer some reasons for the stance — otherwise keep quiet and keep the opinions private, preferably on Sunday in church.

Why do we have a bench conference?

Another common reason is, if the proceeding is a jury trial, to take a conversation outside the hearing of the jury momentarily without having to send them out of the room. Perhaps an objection was made, which can be resolved quickly. These may or may not be recorded by the court reporter. This is called a “bench conference.” This is usually quietly whispered.

What to do if your lawyer doubts you?

Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.

What happens if you don't pay your lawyer?

If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.

Why is it so expensive to go to court?

It's expensive because we have to wait in line too. Going to court is more than dressing up in a fancy suit and knowing what papers to fill out. Attorneys have to wait in line just like the "regular folk" and we are at the mercy of the court staff just like everyone else. If you get a bill that includes time spent waiting in court, it's not usually exaggerated. While some people may stretch the truth - if you want to see whether I had to wait an hour for the case to get called, then just come with me to court. Some courtrooms have more than 50 cases on the call. Your case may not be first or even ninth. I have been number 210 on the list before. It takes time. Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.

Why do people hire lawyers?

Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.

Why is credibility important in court?

Credibility is one of the most important things in this world - and most important in a courtroom. If you care enough only to wear sweats to the courthouse, then the judge will see that you don't care, and that will be reflected in their desire to help you, listen to you, and decide in your favor. Step it up.

What to say when a judge can see your boobs?

If the judge can see your boobs, he's not listening to your story. If I can see your boobs, then I know you didn't care enough about yourself to talk to an attorney. Dress like you are going to church. Credibility is one of the most important things in this world - and most important in a courtroom.

What to do if no one can confirm a story is true?

If no one can confirm that the story is true, you will at least need something external, such as a hard copy document, to prove your case. Be prepared.

1. Contempt of Court Order

When a child custody agreement is established, it is legally binding and needs to be followed by both parents. If the parent knowingly and deliberately fails to obey the decision of the courts, it is known as contempt of court. In other words, they are deliberately ignoring the terms of the current order.

3. The Parents Have Physically Relocated

Another of the reasons a judge will change custody is if one of the parents physically relocates. For this to stand as grounds for custody modification, the move has to be one of a substantial distance. Their new location would need to make the old custody agreement impractical and impossible to stick to.

4. The Death of a Parent

When one parent dies, the child custody order will need to change. If the non-custodial parent passes away, the custodial parent will gain full custody. However, if the custodial parent dies, the custody of the child doesn’t automatically fall to the other parent. The courts will decide what happens based on the child’s best interests.

7. Child Abuse or Neglect

The basis of a child custody agreement is to ensure the child’s best interests are met. Therefore, a judge will change custody if the child is suffering abuse. This will typically see the responsible parent losing custody, and their parental rights being terminated.

8. Danger to the Child

A child can also be in danger by indirect means rather than through direct abuse or neglect. For example, if there is domestic violence in the home, this puts the child at risk. Even if they are never physically hurt and are not a victim of domestic violence, they are at an increased risk of physical harm.

Conclusions

The decision to change the child custody plan depends on many factors, some of which the judge can see as sufficient. The most common ones are when the children are in danger, being the subjects of abuse or neglect.