Legal Question in Family Law in Georgia

If a Judge recuses himself does his decisions in a case still stand.? For example if he decides to give custody to a parent but that parents lawyer is the judges chairman and treasurer on the judges re-election committee and the judge recuses himself over this bias, but only after his decision was made. Wouldn't that go back to square one and go to a retrial?


Asked on 2/01/10, 2:17 pm

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Of course. Orders in a case don't just go away, unless another order is entered. Questions about a pending case need to be addressed to the lawyers in the case, and the new Judge will decide what happens.

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Answered on 2/06/10, 2:30 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You've worded a question as a hypothetical without giving us any of the facts. A recusal order depends on what the order does or does not say, and you and the lawyers have read that order. We have not. The answer is likely clear from the order itself. If not ask your lawyer. The case may or may not start over.

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Answered on 2/06/10, 4:10 pm


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