In this video, Florida Attorney, Sergio Cabanas discusses the steps you can take if you believe the judge on your case is unfair or not impartial in order to get them removed from your case.
00:00 Introduction
00:07 Can I Remove a Judge From My Divorce Case?
03:19 Outro
Para la version en español, ver aquí:
¿Cómo remover a un juez de mi caso?
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***Please note that the information in this video is not an adequate substitute for a consultation with an attorney who is knowledgeable in this subject area and could review the specifics of your individual matter and determine how the law would apply in your particular case.***
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Sergio Cabanas, Esq. has been practicing law since 1991, after graduating from Washington College of Law in Washington D.C. Attorney Cabanas is admitted to practice in the State of Florida and the U.S. Court for the Southern District of Florida and the U.S. Bankruptcy Court. He founded the Divorce and Mediation Law Firm in 2006.
The Divorce and Mediation Law Firm focuses on Divorce, Mediation, Child Custody, Child Support, Alimony, Prenuptial Agreements, Post-nuptial Agreements, Domestic Violence, and Post-Divorce Related issues.
The firm has three locations: Pembroke Pines, Weston, and Sunny Isles Beach in South Florida. If you would want to consult, you can reach the firm through (954) 329-0441. We are open from 9AM to 5PM, Mondays to Fridays.
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Pembroke Pines • Weston • Miramar • Cooper City • Hollywood • Davie • Southwest Ranches
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Transcript:
Today's question is: Sergio, I have a divorce case or a paternity action and I have a judge, but I believe this judge is very unfair and definitely not impartial but he or she is a judge. Is there anything I can do about this situation?
Well, I have some good news, judges are human beings and no one's perfect. Not even the judges.
They make mistakes. They may be very qualified experienced attorneys, they may have many years
on the bench acting as judges, but the fact remains that, they're human too, and like the rest of us, they make mistakes.
Sometimes, lot of mistakes. And there are certain legal grounds for removing a judge from a case.
Those grounds could include: for example, the judge may potentially be a material witness in your case, or the judge may have a certain relationship with the people on the other side of the case. So, obviously, no one can remove a judge simply because you don't like him or her for whatever reason.
There are certain standards that have to be met. And here's the big standard for removing a judge
when you believe that he or she is not being impartial The test is whether that person, a lay person,
who's not involved, in your case, would look at these facts and say, wow, I really do believe that this judge is not qualified to sit as a judge in your case because he or she is not being impartial. I can only give you say, an example of such a situation where a judge can be removed because he or she was not being impartial and that is, cases where a judge for example would give legal advice or suggest to the other party, a certain strategy that the other party should employ in your case.
That's a big one. So as I studied the case law relating to these situations, where the appellate courts review, whether a judge was being impartial or not, I've come to realize that they don't reward people for confronting the judge and basically, getting the judge angry with them. And then
later on claiming that, that judge was not being impartial,
Can I Remove a Judge From My Divorce Case?
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