NJSBA Family Law Section

Mates,

I need to file a motion asking a judge to recuse himself.  Does anyone have a sample I could peruse? 

Thank you,

Have you tried correspondence first? Outside of a few limited circumstances, like relatives of the Judge becoming suddenly sucked in to the process, it would have to be something rather dramatic. But, I am sure you know that.

They have an enormous amount of discretion here, and can do so, absent a motion and, from the SCOTUS Justice level right on down, jurists do not have a reason for recusing themselves.

If you end up filing a motion, there's really no magic in the language. It would be case specific.

Billy makes my point as well. Write a letter requesting a conference (definitely in Chambers and not on the phone, if at all possible). That will either resolve the issue, or give you more intel to share with your client.

Making this motion is a big step. Proceed carefully, and only if you really need to.

Billy... Your client didn't know it or the Judge didn't know it, and what, specifically was dealt with in Chambers? Kidding, as usual. Always start with a sit-down in Chambers.

Sandra lastly argues that if we remand for further proceedings, we should direct that  

the matter be handled by a different trial judge.  She claims the judge exhibited a "callous indifference to her emotional frailties," a "blatant prejudice" and "bias" against her, and a

 "disregard of any and all evidence" presented by her.  She also contends that reassignment is called for because the trial judge made credibility findings against her and cannot now be expected to reexamine the matter with an open mind.  We do not agree there are grounds for the judge's disqualification.  We do recognize, however, that judges may at times find it difficult when a matter is remanded to cast off their commitment to earlier findings...After careful consideration, we conclude that the interests of  justice would best be served by having the remand proceedings completed by another judge.  We direct the assignment judge or presiding judge of the family part to reassign the case.   

Richards v. Richards, New Jersey App. Div., April 28, 2015

I have observed Richards-type situations with increasing frequency. However, this happens when the Judge has been found to have erred or misapplied discretion on other issues, as in Richards. There is a relative dearth of cases where the AD reverses a Judge's decision not to recuse, unless there is an obvious conflict, which there rarely is in such cases. IMO

Mates,

Thanks for all the responses.  I have very good facts for a recusal.  If anyone is interested, send me a private message and I'll let you know. [email protected]