Disqualification of Your Family Law Judge
Your divorce case is probably going to be one of the most stressful and anxiety ridden situations that you will incur during your lifetime. The issues involved are undoubtedly important, and can carry ramifications throughout your lifetime. Property is at stake, money is at stake, your support and livelihood is at stake, and the welfare and best interest of your children is at stake. The last thing you want is to be sitting in front of the judge who has demonstrated, in one form or another, that he is not being impartial.
I am a divorce attorney, practicing for over 34 years in Boca Raton Florida, Fort Lauderdale Florida, and surrounding areas. Throughout the years, I have been involved in several cases where the judges have demonstrated bias or a lack of impartiality. When that situation becomes evident, swift action must be taken to ensure that a new judge is put in place, who will act with fairness to all of the litigants involved in the case. Florida Rules of Judicial Administration
The Florida Rules of Judicial Administration, Rule 2.330 provides recourse for a litigant who does not believe they are sitting in front of a judge who is impartial. If a judge makes a comment, statement, or who displays some type of behavior that indicates he or she is biased against you, you have recourse.
The rules require you to file a motion to disqualify the trial judge. The motion must be sworn to and must specifically set forth the conduct that the judge has engaged in which leads you to believe that you will not receive a fair trial.
If you motion is legally sufficient and complies with the Rules of Judicial Administration, the judge is bound by law to grant your motion for disqualification. In other words, the judge does not have the ability to weigh the facts and decide if his or her conduct merits his or her disqualification. If you, as a litigant, have succinctly set forth your belief that you will not be getting a fair trial, the judge must withdraw, and your case will be reassigned to a different judge.
A judge must assume that the factual allegations in the motion for disqualification are in fact true.A Predisposition to Ruling On a Particular Matter
Judges must be very careful not to demonstrate a predisposition to rule on a specific matter until they have heard all the evidence. If it becomes evident that the judge has made his or her mind up on a particular matter before all the evidence has been submitted, it is time to find yourself a new judge.Florida Divorce Procedure
Experience is extremely important when you are selecting a divorce attorney to represent your interests. One needs to have a keen eye for spotting judicial behavior that could be adverse to your interests.Contact a Boca Raton Family Law Attorney
No two cases are identical, and so it is important to have proper legal guidance when understanding all of your rights and responsibilities. Families in Boca Raton, Fort Lauderdale, other nearby communities, are encouraged to contact experienced attorney Alan R. Burton today for compassionate, understanding, aggressive advocacy. You can reach us at (954) 229-1660 or my cell at (954) 295-9222