What is the name of your state (only U.S. law)? Colorado
Here is my situation. I had a trial at a County Court, and I believe a trial judge abused his discretion. I filed an appeal. Because this is Colorado, the appeal was reviewed by a single judge at the District Court, and I believe this appellate judge covered up mistakes of the trail judge to the extent that he also abused his discretion, too. Specifically, the appellate judge made rulings that were not based on any authority or any law, and completely ignored the case laws I cited in the brief.
So I believe I have only two choices: appeal to the Supreme Court, or file a motion to recuse.
Because this is Colorado, I have a right for only one appeal (reviewed by a single judge). Further appeal is only by writ of certiorari to the Supreme Court, so it would be reviewed only if it is a special case, and in the interest of public. I don't believe an abuse of discretion of my particular case has any importance for the people of Colorado, and there is nothing special in it. Just a simple and, I am sure, a common one-judge-protects-another situation. So I believe chances for the petition to be granted are almost zero.
So it seems I should try to disqualify the judge first. My question is: can a judge be disqualified because he makes ruling that are not based on any law or authority while at the same time being aware of the case laws that should have been applied?
Obviously, when a judge makes such a ruling this situation is resolved in a next appeal. But I cannot appeal (in a sense of having a right to appeal), my appeal options are exhausted. What are your opinions? Is motion for disqualification the only choice left?
Here is my situation. I had a trial at a County Court, and I believe a trial judge abused his discretion. I filed an appeal. Because this is Colorado, the appeal was reviewed by a single judge at the District Court, and I believe this appellate judge covered up mistakes of the trail judge to the extent that he also abused his discretion, too. Specifically, the appellate judge made rulings that were not based on any authority or any law, and completely ignored the case laws I cited in the brief.
So I believe I have only two choices: appeal to the Supreme Court, or file a motion to recuse.
Because this is Colorado, I have a right for only one appeal (reviewed by a single judge). Further appeal is only by writ of certiorari to the Supreme Court, so it would be reviewed only if it is a special case, and in the interest of public. I don't believe an abuse of discretion of my particular case has any importance for the people of Colorado, and there is nothing special in it. Just a simple and, I am sure, a common one-judge-protects-another situation. So I believe chances for the petition to be granted are almost zero.
So it seems I should try to disqualify the judge first. My question is: can a judge be disqualified because he makes ruling that are not based on any law or authority while at the same time being aware of the case laws that should have been applied?
Obviously, when a judge makes such a ruling this situation is resolved in a next appeal. But I cannot appeal (in a sense of having a right to appeal), my appeal options are exhausted. What are your opinions? Is motion for disqualification the only choice left?