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Lucy, Esq.
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Is it possible to "vacate a judgment" in a civil case by Rule

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Is it possible to "vacate a judgment" in a civil case by Rule 60(b) on the grounds of judicial misconduct, such as bias which is provable, or a threat made from the bench?

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Rule 60(b) allows a person to vacate a judgment based on "any other reason justifying relief from the operation of the judgment." Judicial misconduct may fall within that category. But keep in mind that the Motion to Vacate goes back to the same judge that entered the order, so he may disagree that he committed misconduct or made threats.

Typically it is the Appeals Court that will review a decision to determine whether the judge behaved inappropriately and abused his discretion. If it has been less than 30 days since the judgment was enter, the procedure for disputing the judge's behavior and arguing that he did not follow the law is to file a Notice of Appeal.

Another option when a judge abuses his position is to file a Complaint with the Commission on Judicial Discipline.

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Customer: replied 3 years ago.

Hi. Thank you for your answer.


Yes, in fact I did send a complaint to the Commission of Judicial Discipline, but apparently the judge had retired in 2010 and which according to their rules disqualifies my complaint. I cannot appeal for a few years yet and would like in the meantime to file with the district court a "motion to vacate" based on provable judicial misconduct. Since the judge who presided in my initial hearing is retired, would another judge in such instance fill his place?

Yes. When a judge retires, all of his cases are assigned to other judges.
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