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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 33508
Experience:  16 yrs. of experience including family law.
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Im in texas and I had my temporary hearing on Friday. but I

Customer Question

im in texas and I had my temporary hearing on Friday. but I want to know if I qualify for a mistrial by prejudice by the judge himself. like has a personal issue against me that is so obvious that's stemming from a previous case I had with the same judge a year ago. what are my options?
Submitted: 1 year ago.
Category: Family Law
Expert:  P. Simmons replied 1 year ago.

My name is***** have over 16 years experience in the law. Should you like to chat on the phone I am happy to for a nominal cost. Let me know at any time during our question and answer session if you are interested I am happy to give you more details.

The process to raise bias on the part of the judge is to "voir dire" (latin for question) the judge. You should have your attorney (assuming you have a lawyer representing you) do this at the start of the next session. You are permitted to voir dire the judge to determine if they have bias and should recuse themselves.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 year ago.
the judge has to excuse himself from the case, how is that justice? so if your a judge you have no one to answer to. the judge basically read me the riot act in court in nov 2014 when my wife and I first decided to get a divorce but nonsuited and reconciled, but during that court date I did say "this is ridiculous" and I had my hand over my eyes as I was crying and didn't want anyone to see me cry, he yells Mr Roberts you do not sleep in my court room, you will show me the respect I deserve or I will do everything in my power given to me by the state of texas to make sure you will never see your kids again.but now we are back in court for divorce again, and he was on me really hard, excepting hear say as evidence against me. and calling me out for shaking my head but i was scratching my forehead, I coughed and he called me out for laughing in his court room.
Expert:  P. Simmons replied 1 year ago.

If the judge fails to recuse themselves, and you loose the case, you can use that as a basis to file an appeal. So there is a way to protect yourself against a biased judge. But you need to voir dire and challenge the judge (request they recuse themselves) during the trial to preserve the appeal.

What you are describing, you will want to voir dire and challenge the judge. IF they refuse to step aside, you can appeal that decision at the conclusion of your case

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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