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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 115465
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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A Judge in Sanilac County, MI is biased against my niece...he

Customer Question

A Judge in Sanilac County, MI is biased against my niece...he is a family friend of my niece's soon to be husband. He refuses to even have a hearing on any Motion my niece's attorney files. This particular attorney had missed 2 very very important hearings and did not give my niece written notice of them so she didn't show either. The judge keeps ruling that due to the Defendant missing 2 hearings, the Motion is denied.
Submitted: 2 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If the attorney missed hearings and never bothered to get a continuance from the court in advance, then the attorney has likely committed malpractice and he is the one liable to your niece for any harm his negligent conduct caused your niece. So, if the judge keeps holding that the motion is denied because your niece's attorney missed the court dates not one time but two times, then your niece needs to consider getting a legal malpractice attorney to sue the first attorney for the damages he caused her.
If there is proof though that the judge is ruling contrary to law based on having a proven dislike for your niece, then you need to get your niece another attorney (because this one who missed hearings is not doing her any good as the judge already is refusing to deal with the attorney for missing hearings) and your new attorney can file a motion to recuse this judge. However, what you describe does not sound like the judge is really biased against your niece, it sounds more like he is punishing her for her attorney's negligence in failure to properly represent her or show up at he hearings as scheduled.

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