Legal Question in Family Law in California

Ruling on Subject Matter

Child support hearing was heard, judge took under submission. Shortly after we then filed a statement of disqualification on judge. Judge then made child support ruling/order before there has been a ruling on the 170 disqualification.

Did judge violate any rules by doing this?


Asked on 1/27/08, 8:21 am

2 Answers from Attorneys

Vincent Davis Law Offices of Vincent W. Davis & Associates

Re: Ruling on Subject Matter

The short answer is probably, no. Depending on the type of disqualification you filed, it should have been filed with the court AND served on all parties BEFORE your hearing. And depending on the type of disqualification you tried to file, it may have been too late to file it if the judge had made rulings on other matters in the case. If you filed a disqualification under other certain statutes, you still may be able to get the judge disquailified, but his or her ruling, while that disqualification is pending, is still valid. And if you are subsequently successful on the disqualification, you can later challange those ruling based on bias or prejudice.

I hope this answers your questions. If you have any further questions, please call my office for a free initial consultation.

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Answered on 1/27/08, 9:41 am
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Ruling on Subject Matter

I really don't think so. You need to DQ judge before the hearing, not after, if you don't want his ruling. Once you put on evidence, then judge can give ruling. At least that's my understanding.

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Answered on 1/27/08, 4:13 pm


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