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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102162
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have been arrested twice for harassment (wrongfully) by

Customer Question

I have been arrested twice for harassment (wrongfully) by two separate tenants. I am an on site manager. The harassment the first one referred to was write ups for breaking the rules, which my boss issued. This case still has not been ruled on (10/2015) I would really like for the judge to recuse himsrlf, he is a joke. He still will not show me the evidence that was presented against me
Submitted: 11 months ago.
Category: Legal
Expert:  Ely replied 11 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only 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 am sorry to hear about this situation. What someone in your situation wants to do then is to file a Motion to Recuse. The onus is on you to prove that the Judge is biased. The argument can be based on either or both of the following:

1) Article 6, §165 of the Mississippi Constitution - Judge is required to recuse themselves if they have an interest in the case

2) Section 3(E) of the Code of Judicial Conduct - Judge may be disqualified if their impartiality might reasonably be questioned.

The motion is filed with the Court and the Judge rules on it. If the Judge denies it, it may be appealed to the interlocutory court for a reconsideration.

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