I'm pro se in my divorce in Erie County, Pa. Mu husband is an attorney. THe Judge assigned to our case has been on the bench about 3 years. ABout 8 yeasr ago, I was compelled to file a Disc Complaint since he took a $32,000.00 check from our law office office & instead of remitting to his client, unethically had our IOLTA bank perform a wire transfer instead - using the fee out of another client's IOLTA funds. He never notified our office that he did this transaction & it took 2 letters from me & 2 weeeks before he returned the uncashed check & the wire transfer fee. The Bank manager todl me that this now judge is " a womanizer" & obver powered the femail bank teller. Now I believe he is prejusdiced against me since I did this filing. I don't see how he coudl forget. Can I Do a Motion to recuse? ANd isn't that risky? OR shoudl I Do a judicial complaint? DUring this divorce process, even when I had an atty, he'd make Orders & then not enforce them when it came to my husband. THis has financially damaged me. THANKS.
Country relating to Question: United StatesState (if USA): Pennsylvania
Hello, my name is Ely. I am here to help you. There may be a slight delay between your follow ups and my replies as I type out a reply. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not to tell you what you necessarily wish to hear.I am sorry for your situation. Please tell me, how do you feel that the Judge has been prejudiced? I do not doubt you, but I simply need to know so we can work this into what needs to be done.This not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. I look forward to helping you.
I believe the Judge has been prejudiced since I raised the DIsc. COmplaint on his malfesance. In this divorce matter, the J has failed to hold my husband accountable for his lack of compliance with various Court Orders, such as removal of his pets & belongings from the home. My atty brought Contempt of Court Motion, which was denied. Subsequent Court ORder dates have been unmet by my husband. WHen he threatened to kill me, the DA pressed charges, the Judge let him out of jail on reduced bail WITHOUT consulting with the DA; then did not find him in violation of the PFA; then allowed husband to further not comply with Court deadlines & present false Testimony to the Courts which prejudiced my position. Judge has order auctioneer to sell our home without either husabnd or I being present & neither of us to contact the auctioneer. THis impacts our "due process in regards XXXXX XXXXX property and any financials. In summary, due to thsi Judge's past bias agaisnt women & his being known as a "womanizer" & readily "overpowers" females in variosu settings, I do not believe he is impartial ibn this highyl charge divorce action when my husband is a fellow atty & has been found guilty of abuse. My PFA was extended for another 3 years.
Apologies for the wait - I am working on your answer now.
Darlene,It is up to you whether or not you want to file either a Motion to Recuse or a complaint, or both. Allow me to explain:Motion to RecuseYou have to prove concrete, solid examples of how the Judge is prejudiced. Stating that he is a womanizer is going off theory and rumor, not anything established. You have to have concrete evidence how how his rulings have been prejudicial against you because of something other than that they are simply negative against you. Harman ex rel. Harman v. Borah, 756 A. 2d 1116 - Pa: Supreme Court 2000 (general discussion of recusal).So this is hard to do unless you have proof. However, read on...Judicial GrievanceYou have the right to file a judicial grievance against a Judge of course:http://judicialconductboardofpa.org/filing-a-complaint/...doing so would have an overseeing committee look into the matter. Some parties have filed a VALID grievance, and then later have filed for a Motion to Recuse, arguing that if the Judge's prejudice has not shown in his actions, then the grievance surely would act as an instrument to make him prejudice.You see what happens here? You use the grievance to argue that the Judge will be prejudice against you. Of course, this is risky in that the overseeing committee may dismiss the grievance and your the motion to recuse may be denied by him, and then denied on appeal (if you appeal). So then, you would be stuck with a judge on whom you have filed a grievance, and although the prejudice will not be obvious, you may be doing yourself a disfavor in the future.I hope this is enough to help you make an informed decision.IMPORTANT INFO: I hope this finds you well. Please use REPLY TO EXPERT to keep talking, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then click SUBMIT, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.
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