Legal Question in Family Law in California

1. I have been through 2 appeals due to my current family law judge. The judge is currently hearing my case again for custody in california. She issued an order in my case 1x so far since the second appeal. That was 10 months ago. I have read the CCP 170. 1 - 170.9. But I don't understand it all. Can I still recluse her?

If not, if I file two affidavits in my case from outside peoples who went to court and witnessed the judges bias, and they go to a notary and get sworn affidavits to support my claim of her bias, is that enough?


Asked on 6/04/14, 7:49 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

The time to file a peremptory challenge against the trial judge after a full reversal on appeal is set forth by statute. The time limit to challenge the judge after reversal on appeal is within 60 days after knowing that the judge has been reassigned for retrial. (See Code of Civil Procedure section 170.6, subdivision (a)(2).)

You are going to need more than witness statements to prove bias. I have never seen a judge in this state recused on one of the other recusal motions, and this tends to be a way for the complaining party to destroy their case.

Read more
Answered on 6/05/14, 9:38 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California