FAMILY COURTS

+ Can I change judges if the present judge seems biased?

One often hears that a litigant in a divorce feels the judge is biased against him or her. The problem is, having a judge discharged from your case is extremely difficult. In many jurisdictions, the judge must first ask the question of him/herself whether he/she feels capable of rendering an impartial decision in the case. If the answer is yes, the challenge to the judge is usually over. Very few judges “recuse” themselves. They almost all seem to feel they are unbiased. Appeal of that decision rarely produces a good result. It is only when there is some provable, outside relationship between the judge and a litigant that one can successfully have a judge ousted. Examples are when a judge is related by blood to a party; when a judge has dated a party; when a judge has a business relationship with a party; or when a judge has publicly commented upon the character of a party. Other than that, recusal is usually not an option. Some states may see it differently, and, again, it is worthwhile to check into your state’s take on this.

- Jerome L. Aaron, Attorney at Law, Massachusetts