North Dakota Judge Disqualification
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FAQ
If the judge is showing what you believe to be unfair bias against you in pretrial motions or hearings, speak to your attorney at length about how you two can make an excellent record at trial that can overturn any negative decisions on appeal.
In 2008, the year the court heard Disney, FCC v.In fact, US supreme court justices enjoy a special privilege: they are the only judges exempt from the federal Code of Conduct, which demands judicial impartiality and prohibits a jurist from presiding when he or she has a personal bias concerning a party to the case.
A motion to recuse is a legal motion filed in court that says a judge should be disqualified, or removed, from a legal case for a reason listed within CCP 170.1. The motion can be brought by either a prosecutor or a defense attorney. And, a motion to recuse can be filed in either a civil suit or in a criminal trial.
A motion to recuse is a legal motion filed in court that says a judge should be disqualified, or removed, from a legal case for a reason listed within CCP 170.1. The motion can be brought by either a prosecutor or a defense attorney. And, a motion to recuse can be filed in either a civil suit or in a criminal trial.
You can't sue a judge because the judge was wrong. That's what appeals exist for. In your appeal, you explain how the judge got either the facts or the law (or both) wrong.
You must file your complaint with the appropriate court office, as described in the Rules and any applicable local rules. The Administrative Office of the U.S. Courts will not accept judicial conduct or disability complaints.
You cannot appeal a court decision simply because you are unhappy with the outcome; you must have a legal ground to file the appeal. If the judge in your case made a mistake or abused his/her discretion, then you might have grounds to file an appeal.
If you believe the trial judge has made a mistake as your case is proceeding, you may ask the Appellate Division for permission to file an interim appeal. If this request is granted, the case will be paused until the Appellate Division decides whether or not the trial court's interim decision was correct.
