Judges wield a lot of power in the courtroom and can have a significant impact on the trajectory of your personal injury case. If it seems like the judge is acting unfairly towards you or you suspect there are conflict of interest issues, you'll want to ask for a new judge. Unfortunately, this is easier said than done. Here are two questions that can help you determine if your request to change judges will be approved.
Can You Prove There's a Problem?
You can have all the suspicions in the world that the judge is treating you unfairly, but the court won't assign your case to a new judge unless you can prove there's a problem with the current one. You must provide clear evidence there are impartiality or conduct issues and the effect it's having on your case.
For example, you discover the judge invested in the defendant's business. In addition to producing paperwork showing the defendant received money from the judge, you'll need to demonstration the judge's relationship to the person is close enough to impact their decision making in court (e.g. they're business associates).
It's always better to have concrete evidence backing up your claims. Sometimes, though, you can achieve the same outcome by getting the judge to recuse themselves using circumstantial evidence. If you can present enough examples of problematic behavior on the judge's part, the person may feel pressured to step down and hand your case over to someone else.
This isn't a surefire thing, unfortunately, so it's essential you work with your attorney to acquire the necessary proof to get your case transferred to another courtroom.
How Long Has Your Case Been in Court?
The longer the judge has been presiding over your case, the harder it will be to get the person removed. Changing judges at a late stage can introduce other problems, such a creating delay or negatively impacting the defendant's rights, and the court system typically wants to avoid that. Thus, your request may be denied if you wait to long to raise the alarm, especially if you don't have solid proof of wrongdoing.
Try to request a new judge as early as possible in your case. If that's not an option, your other choices are to pressure the defendant to settle out of court or collect evidence so you can appeal the decision in your case. Be aware, both options have pros and cons, so thoroughly discuss them with your attorney before making a decision.
For assistance litigating your case, contact a local personal injury lawyer.
