Should I request that the judge presiding over my divorce recuse himself?

G

Gargamel

New member
I recently found out that the presiding judge was good friends with my ex's attorney's father, who was also a judge. The goodwill aspect of that relationship has carried over to my ex's attorney. He has asked the judge to order that our property mediation be set aside and re-negotiated. His evidence for this request is a collection of my emails that my ex illegally obtained. The judge doesn't seem interested about the way in which the emails were obtained at all, even though there is a felony crime involved with said acquisition.
 
What does your lawyer think about it?

You can ask all you want but the Judge is not required to listen to you; and after that you can be sure the Judge will take it personal.

You might need to go over him and put a complain about Judicial misconduct BUT your chances to win are very small if you go by yourself...hire a lawyer if you don't have one (even better if he's also a Judge's friend).

As for the emails: you can start a separate case for invasion of privacy.
 
You can ask, but the judge doesn't have to recuse himself. The relationship you described (friends with the father of one of the attorneys) is not a relationship that requires recusal. That presents a difficult dilemma. You think that the judge is biased now, but judges who are asked to recuse themselves and refuse tend to be quite ticked off at the party who requested the recusal.
 
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