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dkennedy
dkennedy, Attorney at Law
Category: Family Law
Satisfied Customers: 5997
Experience:  JD Degree, Social Service Experience, Child Support Officer
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Can you tell me how to recuse a magistrate on a child modification

Resolved Question:

Can you tell me how to recuse a magistrate on a child modification case that my exhusband initiated? He initiated the action as in poor me I'm broke. Well he's been
making 145,000 a yr for the last two years and before that it was 139,000 a yr since
08... He was laid off as in voluntary according to people I know due to problems at
work with his coworkers. He was written up many times and said he'd be find if they let him go.
I did motion to the courts a change of venue due to the small town and biased nature
of this county in Colorado is too close and small town click.
They have not ruled during the whole time on the change of venue that I requested after
the modification by my ex. This is been ongoing since January. Still hanging out there
no ruling on a court date.. The Magistrate had it hung up in his office for months
while waiting for the modification to happen?? He can't do that can he?? Only after I
called and raised a stink did they move it to another Magistrate to consider.

I am only trying to give the case as it is.

The Magistrate seems very biased to me and refusing all my actions. He denied my subpoena for my ex's employment file. He denied my motion to compell for disclosures since in the discovery all his bank statements were redacted. Names, owner of bank statement transactions etc. Which is unacceptible.
It seems this Magistrate is biased and or his clerk is biased due to a relationship
with the attorney for my ex? Not sure which it is but I smell something is off?

How can I recuse this Magistrate?
Submitted: 1 year ago.
Category: Family Law
Expert:  dkennedy replied 1 year ago.

dkennedy :

Hello,

dkennedy :

You, yourself, can file a Motion to the Court to have the Magistrate recuse himself or herself. You can allege bias and the other things you mentioned. If the magistrate feels that it is appropriate, he or she will recuse himself or herself. If not, and your motion is denied you can then appeal it to a higher court. Your motion should be set up just like any of the legal documents in the case with a caption on top and Motion to Recuse, then list your points clearly and briefly. At the end you sum up what you want and sign your name. File the original and have a copy sent to the other side (attorney). Please follow up with any questions.

dkennedy, Attorney at Law
Category: Family Law
Satisfied Customers: 5997
Experience: JD Degree, Social Service Experience, Child Support Officer
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