Legal Question in Family Law in California
The commissioner residing over my family law case, previously partnered with an attorney I retained earlier in my divorce and was practicing along side my attorney during the same time frame I retained him. She was later promoted to commissioner. Is this considered a conflict of interest and what step need I take to have my case moved to a non-bias judge?
1 Answer from Attorneys
It is possible that a conflict exists although it is by no means certain. If your prior lawyer's partner practiced in a different area no conflict may exist, unless the two discussed your case. You can ask the judge to recuse herself. If she refuses then you can use a peremptory challenge pursuant to California Code of Civil Procedure section 170.6. If there is evidence of a direct conflict you can challenge the judges right to hear your case pursuant to CCP section 170.1, but you must allege specific facts that establish that the judge is prejudiced against you.
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