NJSBA Family Law Section

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  • 1.  Grounds to disqualify expert?

    Posted 09-10-2017 10:27 PM
    Client is the custodial parent of a 6 year old. Mom is in supervised visitation due to pronounced, ongoing alcohol issues (was just taken away by ambulance from a supervised as she was dangerously drunk).

    The court ordered that one of three experts is to be used to do evaluation. One of the experts was previously court-appointed in another case with mom. Mom wants to use him again. My client feels he was easily BS'ed by mom and wants someone neutral and with name recognition in Mercer to do it (one of the other 2 names).

    Is prior involvement like this grounds to have him disqualified? Either under a rule, case, or APA guideline? Anyone have a cite if so?

    Thanks,



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    David Perry Davis, Esq.
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  • 2.  RE: Grounds to disqualify expert?

    Posted 09-11-2017 07:55 AM

    David,

      I don't think you can disqualify the expert, unless he is technically unqualified or shows actual or potential bias. If the Mom will BS one expert, she will BS another. Don't forget, your client has a viewpoint too.

      And I don't think name recognition, or lack of name recognition, should be relevant. Voir dire should be concerned with qualifications only. I've observed popular psych experts who I thought were intensely biased towards the party paying him or her.

    Regards,

    Ed

     

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    Edward J. Zohn, Attorney at Law

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  • 3.  RE: Grounds to disqualify expert?

    Posted 09-11-2017 03:34 PM
    I should add the doctor herself had expressed concerns of possible conflict 

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  • 4.  RE: Grounds to disqualify expert?

    Posted 09-11-2017 03:32 PM
    I have a case where judge ruled it was a clear conflict to appoint a doctor that had evaluated a parent before in connection with a DCPP matter. The reasoning being the expert should not go in with any preconceived notions of either party

    Masiel Valentin, Esq.

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  • 5.  RE: Grounds to disqualify expert?

    Posted 09-12-2017 09:53 AM
    Thanks, Masiel. I've had judges in in-chambers conferences indicate that an expert should be taking a fresh look, as well, but never had it argued on the record. That's why I was hoping for a rule or APA guideline on it that I could cite if the issue becomes contested.


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    David Perry Davis, Esq.
    ----------------------------------------------------
    www.FamilyLawNJ.pro
    ----------------------------------------------------
    * * Please note our new address * *
    57 Hamilton Avenue -- Suite 301
    Hopewell, NJ 08525
    Voice: 609-466-1222
    Fax: 609-466-1223


    At 03:32 PM 9/11/2017, you wrote:

    I have a case where judge ruled it was a clear conflict to appoint a doctor that had evaluated a parent before in connection with a DCPP matter.... -posted to the "Family Law Section" community

    Family Law



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    Re: Grounds to disqualify expert?
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    Sep 11, 2017 3:32 PM
    Masiel Valentin, Esq
    I have a case where judge ruled it was a clear conflict to appoint a doctor that had evaluated a parent before in connection with a DCPP matter. The reasoning being the expert should not go in with any preconceived notions of either party

    Masiel Valentin, Esq.



    Original Message


  • 6.  RE: Grounds to disqualify expert?

    Posted 09-12-2017 04:31 PM
    I don't see why it should be contested.  My experience has been the judge immediately agrees in chambers that there's a conflict thus obviating the need for a motion.  I'd venture to guess, if the expert appointment becomes an issue, the judge might say he won't appoint either of the experts you both prefer and might appoint the 3rd option.  

    That's just my guess though.  


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