Legal Question in Family Law in California
After a trial, is it to late to disqualify a judge? We are in San Joaquin County Family Court. We have been through a trial, and currently are in an appeal. However, the judge needs to go, and I recently identified large problems in school with my daughter. Now I need to file another OSC, but I don't want to go back in front of the same judge. Do I have to? Also, I sent the Mediator a letter asking her to recluse, she is related to people who are good friends with my ex, and many of the friends he has. She also received a gift from his home state a week prior to our custody decree being issue. That's not legal is it? Oh, and in the photos, my ex's friends were in her house with the gift from his home state. Maybe living their since they were in there bed cloths. IDK, please advise.....
2 Answers from Attorneys
Technically, you can disqualify the judge with a peremptory challenge pursuant to Code of Civil Procedure section 170.6, but you can only do so if there is a FULL reversal on the appeal. I suggest you read that section carefully, and make sure you have an attorney that can do the best for you on the appeal.
Mr. Roach is correct. You are WAY too late unless you get a full reversal on appeal. You need to quit trying to do this yourself and get a lawyer who knows the deadlines.
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