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What are My Remedies if the Judge in My Case is Biased?

What are My Remedies if the Judge in My Case is Biased?

Q: What should my mother do if she feels the judge is biased?

If your mother feels the judge is biased, she should file a recusal motion. This is a formal request for the judge to step aside due to perceived bias or lack of impartiality. The judge will review this motion before proceeding with the case.

Q: Can a case be escalated to a higher court?

Yes, if your mother believes that her case has been unfairly handled, she can appeal the decision to a higher court. However, the appeal process typically focuses on legal errors rather than the conduct of the judge.

Q: How can I file a complaint against a judge in New York?

To file a complaint against a judge in New York, you can contact the New York State Commission on Judicial Conduct. Complaints can be submitted in writing, detailing the specific concerns about the judge's conduct.

Q: What are the grounds for a judge's recusal?

Grounds for a judge's recusal can include personal bias, prior involvement in the case, or any conflict of interest that may affect the judge's impartiality. Each case is evaluated on its own merits.

Full question:

To whom it may concern: What can be my recourse if my mothers criminal case, being handled by a Nassau County Supervisory Administrative Judge, is being conducted in an impartial manner? Can my mother request a new judge, escalate the case to a higher court, etc?

Category: Courts
Date: 04/07/2025
State: New York

Answer:

A recusal motion is made directly to the judge, who must decide it before s/he rules on a motion to reargue and/or vacate. Otherwise, if an appeal is taken, you can ask in your brief that if the case is remanded (sent back to the trial court) that it be assigned to a different judge. If you have a complaint about a NY state judge, you may file a complaint with the New York State Commission on Judicial Conduct at:

61 Broadway
New York, NY 10006
(212) 809-0566
www.scjc.state.ny.us

Please see the following NY judicial rules of conduct:

http://www.scjc.state.ny.us/Legal%20Authorities/rgjc.htm

FAQs

Can my mother request a new judge in her case?

Yes, your mother can request a new judge by filing a motion for recusal if she believes that the current judge is not handling her case impartially. This motion will be considered by the judge before any other rulings are made.