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Willlyjo

Guest
Guess where they usually file the motion.
Sure they file the motion with the Court that has jurisdiction of their case. However, I'd have to see documentation that a judge can rule on a motion aimed at his disqualification. I don't believe such documentation exists--I do believe that another judge would be called to make such a decision.
 


tranquility

Senior Member
Sure they file the motion with the Court that has jurisdiction of their case. However, I'd have to see documentation that a judge can rule on a motion aimed at his disqualification. I don't believe such documentation exists--I do believe that another judge would be called to make such a decision.
One files to recuse a judge with the judge.

Federally:
http://www.fjc.gov/public/pdf.nsf/lookup/judicialdq.pdf/$file/judicialdq.pdf

4. Evaluation of motion by merits judge
In a statutory scheme so committed to the appearance of impartial jus- tice that it requires disqualification whenever a judge’s impartiality “might reasonably be questioned,” it is curious that the task of decid- ing whether a judge is (or appears to be) too biased or conflicted to decide a matter fairly is left to the judge who is allegedly too biased or conflicted to decide the matter fairly. But given the presumption of im- partiality to which a judge is entitled, and the inefficiency of calling upon a second judge to resolve a preliminary motion, the conventional practice in federal courts has been for disqualification motions to be decided by the judge whose disqualification is sought.
The First Circuit observed that “[a]lthough a trial judge faced with a § 455(a) disqualification motion may, in her discretion, leave the mo- tion to a different judge, no reported case or accepted principle of lawcompels her to do so . . . .”400 The weight of authority indicates that it is proper, indeed the norm, for the challenged judge to rule on a dis- qualification motion pursuant to § 455.401 Because § 455 contains no provision concerning the transfer of disqualification motions to an- other judge, a district judge in the Southern District of Illinois ruled that the motion to disqualify “must be decided by the judge whose dis- qualification is sought.”402
 

quincy

Senior Member
You are far nicer than I am, tranquility.

After four years of providing case cites and statutes for Willly, that he refuses to locate on his own and that he later refuses to read or believe, I will no longer do it.

If Willly believes he can offer advice on a legal forum, he should know what the law is or be able to do research on the law before posting about the law. The false facts he posts that are thinly disguised as "opinions" are doing a major disservice to the posters who come here looking for advice.
 
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