Grounds for change of judge in family court?

[bill steven]

What is the name of your state (only U.S. law)? Arizona

In my family court case my judge has already made several rulings as its been going on for 2 years now. However I recently found out that the judges assistant accepted private emails from the other party. Then passed documents from the other party along to the judge without them being filed. The judge ultimately rejected them for being ex parte. But he had to read the documents first. Can this be groundss to have a judge changed? I have the emails between the other party, the documents that were sent, and the courts minute entry rejecting the letter. The judge should never have accepted them under any circumstances or taken them from his assistant in the first place I beleive.

 

[LdiJ]

What is the name of your state (only U.S. law)? Arizona

In my family court case my judge has already made several rulings as its been going on for 2 years now. However I recently found out that the judges assistant accepted private emails from the other party. Then passed documents from the other party along to the judge without them being filed. The judge ultimately rejected them for being ex parte. But he had to read the documents first. Can this be groundss to have a judge changed? I have the emails between the other party, the documents that were sent, and the courts minute entry rejecting the letter. The judge should never have accepted them under any circumstances or taken them from his assistant in the first place I beleive.

First, a judge is not going to know what his assistant is handing him until he looks at it. An assistant doesn't describe each item he/she is handing to a judge, first.

If a judge does receive ex-parte communications the judge has two choices. The judge can either reject the communications, which your judge did, or the judge can accept the communications and provide copies to the opposing party so that the communications are no longer ex-parte.

The opposing party also has the opportunity to resubmit the documents in the appropriate manner.

Therefore, no, it would not be appropriate to ask for a new judge just because the judge saw the documents.

 

[quincy]

What is the name of your state (only U.S. law)? Arizona
... Can this be groundss to have a judge changed? ...

I agree with LdiJ. I see no grounds to have the judge changed based on the circumstances as you describe them.

 

[bill steven]

ok thank you. Is there anyway to have a case reassigned to a new judge after your judge has already made a ruling in your case? aside from something obvious like being related to one of the parties or something along those lines. Specifically if I feel the judge is biased against me. I know everyone must say that at some point and someones got to be unhappy when its all over in a disputed custody case. But i really beleive my judge is very pro mom. FOr example one day out of the blue the other parties address is protected on minute entrys that are sent out but the court never actually ordered that. I motioned for clarification and it was dismissed when the docket shows returned mail to the court that shows the other party has moved from her address on file.

Ive seen time and again the court jumps through hoops for the other party but wont even address my concerns and every hearing they deal with everything the other party says but always and i do mean always waste time until the hearings over and my concerns are never dealt with. I had a hearing that i specifically asked for to discuss a motion and we never addresses it at that hearing, judge spewnt the whole time talking to the other party.

I feel like im invisible and shouldnt bother even being there. When i speak up i get shot down real quick and its back over to mom.

 

[Zigner]

Short answer: No.


I'm curious - does mom have an attorney?

 

[quincy]

ok thank you. Is there anyway to have a case reassigned to a new judge after your judge has already made a ruling in your case? aside from something obvious like being related to one of the parties or something along those lines. Specifically if I feel the judge is biased against me. I know everyone must say that at some point and someones got to be unhappy when its all over in a disputed custody case. But i really beleive my judge is very pro mom. FOr example one day out of the blue the other parties address is protected on minute entrys that are sent out but the court never actually ordered that. I motioned for clarification and it was dismissed when the docket shows returned mail to the court that shows the other party has moved from her address on file.

Ive seen time and again the court jumps through hoops for the other party but wont even address my concerns and every hearing they deal with everything the other party says but always and i do mean always waste time until the hearings over and my concerns are never dealt with. I had a hearing that i specifically asked for to discuss a motion and we never addresses it at that hearing, judge spewnt the whole time talking to the other party.

I feel like im invisible and shouldnt bother even being there. When i speak up i get shot down real quick and its back over to mom.

You are right that many people believe a judge is biased, this especially when a judge's decision is not in their favor. If you feel you are "invisible," perhaps you would be smart to hire an attorney to improve your visibility in court.

You can review the matter with an Arizona attorney to see if the attorney sees things differently but I am not seeing in what you are saying a good cause to replace your current judge with another.

 

[quincy]

Here are links to the relevant Rules:

16 ARS Rules of Civil Procedure, Rule 42(f) Change of Judge: https://govt.westlaw.com/azrules/Document/N29E58170717511DAA16E8D4AC7636430?viewType=FullText&originationContext=documenttoc&transitionType=StatuteNavigation&contextData=(sc.Default)

ARS 12-409, Change of Judge; grounds; affidavit: http://www.azlawhelp.org/viewquestions.cfm?mc=9&sc=89&qid=7372