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« This Week in The National Law Journal | Main | Ogden: Stronger Asset Forfeiture Laws Needed Around the Globe »

October 12, 2009

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Rich

Philip posted: "and furthermore, win or lose, the other judges in the courthouse will quickly know you're the one making waves." If the problem is political prejudice, any judge who wants to curry favor with the judge you challenged will figure out what you were avoiding and may give it to you for your temerity to challenge the system. The right to a substitution of judge without cause (as we have in Illinois) is the only practical way around the problem and, even then, it is unwise to use it to get away from the presiding judge in a division if you regularly litigate there.

Philip

I have actually seen sanctions imposed upon lawyers in my state, who dared to file a motion to recuse.

Basically, there is no way that I would file such a motion, unless I knew it was a slam-dunk. I have found that elected judges tend to take such motions very personally, and furthermore, win or lose, the other judges in the courthouse will quickly know you're the one making waves. If you never were friends with the judge, and never expected to be, go right ahead and file.

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