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JB Umphrey
JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20233
Experience:  Explains legal matters based on 14+ years experience.
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I have a situation where the judge in my case fails to recognize

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I have a situation where the judge in my case fails to recognize that the GAL and my ex's attorney committed a fraud. I wanted the GAL removed and the judge completely ignored the seriousness of what I was telling her. I am headed for trial with this judge and feel I am in for a disaster based on this last experience. There seems to be no basic checks and balances in getting a removal of the judge since the judge herself hears and decides on her own recusal. Are there any options for a person in this system?
Welcome and thank you for your question!

I am sorry to learn of the facts you've described. Have you filed a written motion asking the judge to recuse herself based upon personal bias?
Customer: replied 4 years ago.

No. I haven't yet because I understand that it is the judge who decides her own removal. This is insane. I don't see what chance I have of getting her to remove herself. The process makes no sense. And this is not personal bias, the situation is that she has ignored a fraud by my ex and the GAL. How can I get a decent hearing when this is the case???

I understand your frustration.

Keep in mind, however, that a judge can only work with the record in front of her. If you do not file a written motion requesting her recusal, then she has no obligation to consider your concerns.

If she denies your motion, you have the right to appeal that decision to a higher court. A higher court could overrule her if you can prove personal bias and remand the case to be re-heard in front of a different judge.

You cannot appeal a decision/ruling, however, if no motion is filed to get the ball started.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. Thank you for your business!

~~ J.B.
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