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a judge can be snarky

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quincy

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

If you believe that the judge hearing your case is biased against you and you want to file a motion for recusal, do not make the decision to file without careful thought to the possible ramifications. If the judge denies your motion (and denials are not uncommon), you not only continue on before the same judge, the judge might be less-than-pleased that you think him incapable of being unbiased.

It is rarely a good idea to upset your judge.

There was an interesting hearing recently in New York on a motion to recuse a US federal district judge after he made a few "snarky" comments about the case before him. Ninety-four-year-old Judge Robert W. Sweet denied the motion to recuse, saying his comments came not from bias but from frustration over the lengthy case.

The Judge said of the case, filed by an executive against JP Morgan Chase & Co. several years ago, that although he "would do anything" to get rid of the case, he would not wish it on his worst enemy. "I've lived with it and I suppose I can say I'll probably die with it."

Despite the Judge's denial of the motion to recuse, this past week the case was reassigned to another judge - no explanation given.




(this thread is primarily to remove a troll's thread from the main board ;))
 


FlyingRon

Senior Member
I've seen plenty of snarky judges and snarky attorneys and more than a bunch of snarky parties.

Unless the snarkiness somehow prejudices the precedings, there's not much you can do about it.

If the parties in your example want to appeal the recusal, there's process for that. If they go to trial and there's a judicial error made because of the alleged bias, there are procedures for that.
 

quincy

Senior Member
I've seen plenty of snarky judges and snarky attorneys and more than a bunch of snarky parties.

Unless the snarkiness somehow prejudices the precedings, there's not much you can do about it.

If the parties in your example want to appeal the recusal, there's process for that. If they go to trial and there's a judicial error made because of the alleged bias, there are procedures for that.
I agree that there are options available if a motion for recusal is denied by the judge.

In my example, recusal is no longer an issue in the case as Judge Sweet was just replaced by another judge (for unspecified reasons). These reasons probably have nothing to do with snark, however, which on its own would not be grounds enough to support a motion.
 

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