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MIAMILAW1127, Family Law Attorney
Category: Family Law
Satisfied Customers: 755
Experience:  Founding Partner at Moises Law, P.A.
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My daughter missed a status hearing, she had asked hearing

Customer Question

my daughter missed a status hearing, she had asked for telephone hearing but the judge said she never go the request. the Judge issued a warrant. My daughter appeared for the warrant and was sentenced to jail time. She got out after 5 days on an appeal. The appeal trial is now pending. have just found out that the original case for the status hearing was to filed in another jurisdiction (Fairfax county vs falls church). It would appear as if:
1. the judge who issued the warrant did not have jurisdiction concerning this case.
2. she was "wrongly imprisoned"
3. the judges son, who is also a lawyer, had acted as counsel for the plaintiff, not my daughter in an earlier case involving the same two individiuals. The judge has earlier recused herself from an earlier case involving these two people, so why not now?
My questions are: can the court be sued for wrongful imprisonment. can the judge be sued or punished for not recusing herself in accordance with the canons of judicial conduct. What recourse do I have to get the judge disqualified from any future involvement in this case, which is still going on.
Submitted: 11 months ago.
Category: Family Law
Expert:  MIAMILAW1127 replied 11 months ago.

Hello. I am going to be assisting you with your question today.

Please note: This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I'm sorry you're in this position.

To answer your questions chronologically:

1. The court cannot be sued from wrongful imprisonment, but the city or county can since they are the ones who imprisoned your daughter.

2. You can report the judge to the state bar for failing to recuse herself when there was a conflict of interest.

3. You can file a motion for the judge to recuse herself.

I hope I have answered your questions. If I have not, please feel free to ask any follow-up questions you may have. Also, please do not forget to rate my response at your earliest convenience.

Thank you.