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Change of benu?

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BrookeLynn

Guest
I have a friend who has to be in court on August 12th for probation violation. Her judge has made it very clear to her that if she ever shows up in his court room again then it will not be good. I have heard of a "change of benu". Of what I understand it's so that one can change their judges. What are the qualofications for this? How does one go about getting a change of benu?
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by BrookeLynn:
I have a friend who has to be in court on August 12th for probation violation. Her judge has made it very clear to her that if she ever shows up in his court room again then it will not be good. I have heard of a "change of benu". Of what I understand it's so that one can change their judges. What are the qualofications for this? How does one go about getting a change of benu?<HR></BLOCKQUOTE>

My response:

That's cute, "change of benu".

The phrase is Change of "Venue." The "venue" is the physical location of the court and where a hearing takes place. A motion for a "change of venue" can be made if, due to the facts, the court location of the court is "inconvenient" to witnesses, or a party to the action, or the Cause of Action was brought in the incorrect court - e.g., change from Superior Court to Municipal Court. There are others; however, the proper court for your friend is the court nearest to the arrest.

What I think you're trying to convey, though, is trying to "challenge the judge for cause". There are various legitimate reasons for such a challenge, like the judge has a familial relationship to one of the parties or an attorney in the case, or there is a perceived "bias" towards one party or attorney as against another party or attorney.

Unfortunately, your friend's time for making such a "challenge" has long passed because:
1. the judge was assigned to the case, and
2. the hearing was completed before a challenge was made.

If a challenge is not timely made, for just cause, the "challenge" is waived.

Also, as a side note, there are a lot of judge's who make similar statements to defendants. I'm sure the judge in this instance uses that phrase quite often. Believe me, the judge means what he says, and says what he means. When a judge says things like that, it's not necessarily out of "bias"; rather, it's said out of a sense of "law and order" - that is, the judge is really saying, "Don't screw with me."

Your friend "screwed" with the judge by:

1. Not believing him the first time; and,

2. Violating his previous court order.

Your friend is in for the "time of her life" when she appears in front of this judge, again.

IAAL

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[This message has been edited by I AM ALWAYS LIABLE (edited August 04, 2000).]
 

HomeGuru

Senior Member
I was at the cafeteria in the Federal Courthouse Building last week and there was a change of menu. It was Chinese that day and we ordered duck. I got stuck with the bill.
 

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