Legal Question in Family Law in New York

Judge recusal
I have been involved in a protracted divorce proceeding in which my stbx's lawyer just pleaded guilty of 3 misdeanor charges. The lawyer was originally charged with aggravated DWI. And finally pleaded guilty to that charge, along with Tampering with evidence, and trying to fix a case. The attorney also had another judge give a sworn statement in the case, which he was forced to recant and resign from the bench because it was fraudulent.

I filed an order to show cause almost 2 years ago in this case to modify ''temporary maintenance'' and that order was never heard.

Given light to the new pleadings by my stbx's attorney, I feel that they may have also been tampering with my case. Would i or Should i be able to get a new judge that did not have to deal with my STBX's attorney in this case?

I personally feel that it is only fair that I be given a fair impartial chance in this case. which i do not fell that i have been given so far.

Thank you in advance for your advice.

Asked on 2/22/09, 2:22 pm

jeffrey lazroe Jeffrey A. Lazroe attorney at law

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Re: Judge recusal

I can understand your impatience - the purpose of the order to show cause is to bring it immediately before the court - not more than 2 years later.

You might not be able to get a new judge, as that would be judge shopping.

What you want is the matter to be heard. If you win you win; if you loose you loose, but at least you are not in limbo.

I am well aware of the case concerning the lawyer. It was gossip for the last several months. And it recently was in the newspaper every day.

If you would like to consult with me, please feel free to contact me.

Answered on 2/23/09, 11:25 am

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