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RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 41557
Experience:  30 years as a family law lawyer .
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I would like to change judges- based upon the fact that my

Customer Question

I would like to change judges- based upon the fact that my judge would not uphold purjury and many other issues outstanding - can i make a motion to change venue?
Submitted: 9 months ago.
Category: Family Law
Expert:  RayAnswers replied 9 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  RayAnswers replied 9 months ago.

It would be a motion for recusal claiming the judge has a conflict or bias against you.You would ask for another judge to hear the motion here

Expert:  RayAnswers replied 9 months ago.

______________ Court

__________________ SC






Case Number: _________________


Now comes the above named, ________________________ and moves to recuse Judge _______________________ from the above entitled matter under 28USCS Sec. 455, and Marshall v Jerrico Inc., 446 US 238, 242, 100 S.Ct. 1610, 64 L. Ed. 2d 182 (1980).

"The neutrality requirement helps to guarantee that life,liberty, or property will not be taken on the basis of an erroneousor distorted conception of the facts or the law."

The above is applicable to this court by application of ArticleVI of the United States Constitution and Stone v Powell, 428US 465, 483 n. 35,***** 3037, 49 L. Ed. 2d 1067 (1976).

"State courts, like federal courts, have a constitutionalobligation to safeguard personal liberties and to uphold federallaw."

Also see RI Supreme Court Article VI and Canons 1, 2, and3.B.6. [Replace with your local citations]

The above mentioned Judge has in the past deliberately violatedother litigant's personal liberties and/or has wantonly refused toprovide due process and equal protection to all litigants beforethe court or has behaved in a manner inconsistent with that whichis needed for full, fair, impartial hearings.

The United States Constitution guarantees an unbiased Judge whowill always provide litigants with full protection of ALL RIGHTS. Therefore, Petitioner respectfully ***** ***** judge recusethemselves in light of the evidence attached as Exhibit 1 detailing prior unethical and/or illegal conduct or conduct whichgives Petitioner good reason to believe the above Judge cannot hearthe above case in a fair and impartial manner.

[Attach Caught cases or other evidence dealingwith this judge as Exhibits.]

Respectfully submitted,

Your name

Expert:  RayAnswers replied 9 months ago.

You would cite your conflicts or bias of the judge and any examples and file it with the court.Ask for another judge to hear the recusal motion.And then it may be granted and reassigned.

I appreciate the chance to help you and wish you good luck here.

Expert:  RayAnswers replied 9 months ago.

In Kentucky, disqualification issues are sometimes considered in light of the state’s Code of Judicial Conduct, Supreme Court Rule 4.300; or, in criminal cases, pursuant to Criminal Rule 59.05. As a general rule, however, a party who seeks to disqualify a Kentucky judge will usually base its motion on Ky. Rev. Stat. §26A.015, subsections (2)(a) and (e).

As an alternative to seeking disqualification under §26A.015, a party may file an affidavit seeking disqualification under Ky. Rev. Stat. §26A.020, which permits a party who does not believe that he will receive a fair trial to file an affidavit with the appropriate circuit court clerk.

When a disqualification motion has been filed in Kentucky, the challenged judge is without jurisdiction to proceed further in the matter until the Chief Justice of the Kentucky Supreme Court acts or a special judge is appointed to decide the matter.

Expert:  RayAnswers replied 9 months ago.

If you can positive rate 5 stars it is always much appreciated.