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Nate, Lawyer
Category: Criminal Law
Satisfied Customers: 10685
Experience:  Over 10 years of criminal defense practice.
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IF your judge couldnt substantiate the order and finally recuses

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IF your judge couldn't substantiate the order and finally recuses herself from the case are we allowed to depose that judge for the new trial?
My name isXXXXX have been a licensed attorney for over ten years and will be assisting you today.

I need a little more information so I can assist you.

1) To confirm, this is a criminal case, not a civil case?

2) For what purpose would you need to depose the judge? and

3) In what state did this occur?
Customer: replied 3 years ago.

1. this is a guardianship matter


2. To confirm the reason for her recusing herself (I suspect it was due to my disability and how she came to realize that she was prejudice against me so that I will understand how to help my next judge not to make the same mistake.) Also I would like to know why she biased herself against me to the point that she refused to allow the GAL appointed in the case investigate the issues of concern that I had. I am trying to know how to better relate to a judge so that it doesn't happen again.


3. Indiana

Okay. I think you would have a problem justifying deposing a judge for that reason. If she has recused herself, she's no longer really relevant to your matter. You'll have a new judge, and assuming they are impartial and unbiased, get the fair hearing you are due under the law.

Your attorney may ask for clarification on the reason for recusal, but the law does not require the judge to offer any meaningful amount of detail. If they believe they cannot be impartial, that's enough.

If you have more questions please feel free to ask. I'll be happy to answer them. If you do not, please do remember to rate my service in assistance to you today.

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