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Having a judge recuse in a traffic case.

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OWH

Junior Member
What is the name of your state (only U.S. law)? New Jersey

Hi Folks

In a Municipal issue ( Traffic). I had an adjournment after filing my answer to the summons and requesting discovery. It has now come to my attention that the prosecutor is now the court judge. Can I use NJ rule 1-12-1(c) to have the judge recuse from the case.... The ex-prosecutor now judge was not so forthcoming with my discovery request therefore I feel certain that I cannot receive a fair and impartial hearing with the new judge/ex prosecutor.
Should I file a motion to recuse the judge citing NJ rule 1-12-1 (c)?
Many thanks to one and all that reply.
Regards.
OWH
 


quincy

Senior Member
What is the name of your state (only U.S. law)? New Jersey

Should I file a motion to recuse the judge citing NJ rule 1-12-1 (c)? ...
Should you file a motion to recuse the judge? That is entirely up to you. There can be both pros and cons to filing a motion for disqualification, one major con being that (c) does not prevent the judge from hearing your case despite your motion.

Here is a link to New Jersey Rule 1:12-1 and 1:12-2 and 1:12-3 - http://www.judiciary.state.nj.us/rules/r1-12.htm
 

HighwayMan

Super Secret Senior Member
Would you expect the judge to be taken off of EVERY traffic case on the court calendar just because he used to prosecute them?
 

OHRoadwarrior

Senior Member
Honestly, your thought appears akin to my claiming I could not receive fair treatment on a ticket because I graduated with the police chief and could not rely on a fair fire dept. analysis if my house burned down because I went to school with the fire chief.
 

quincy

Senior Member
Would you expect the judge to be taken off of EVERY traffic case on the court calendar just because he used to prosecute them?
I think the concern is that this particular judge was also the prosecutor in OWH's case (the same case that is before the judge now). He moved from prosecuting OWH's case to judging it. I can see where filing a motion for disqualification could be something OWH would want to consider (if the judge does not recuse himself).
 

CSO286

Senior Member
I think the concern is that this particular judge was also the prosecutor in OWH's case (the same case that is before the judge now). He moved from prosecuting OWH's case to judging it. I can see where filing a motion for disqualification could be something OWH would want to consider (if the judge does not recuse himself).
That is what I get from OP's post as well.

I agree with Quincy.
 

HighwayMan

Super Secret Senior Member
It's hard to believe that there aren't many such cases involving this prosecutor turned judge.
 

quincy

Senior Member
It's hard to believe that there aren't many such cases involving this prosecutor turned judge.
I suppose. If that is the case, there could be several motions for disqualification to come. :)

I was not saying, by the way, that OWH should file the motion, just that I could see reason for him wanting to consider it. Sometimes people want to have judges recused and there isn't good reason.
 

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