Legal Question in Family Law in Idaho

Can this Judge be removed?

I have a 2 1/2 yr. old grandson that is owned by Idaho.He has been in fostercare for 2 yrs. The child was hurt by a 3rd party not either parent. The Judge presiding on this case is on the Fostercare Committe along with the Chief of social work who is the child's caseworkers supervisor and as is one of their attorneys.The Judge's wife is also the Attorney General for the DHW who supervises the attorney for DHW on this case. Also a social worker who was involved from the hospital that treated the child is married to another attorney in the matter and belongs to some of the same social clubs as the judge and his wife, the judges wife also is the head of a few foundations in this hospital. The question is Shouldn't this Judge have recused himself from this case in the first place or at least let it be known to all parties that he was on the fostercare committee and that his wife works for DWH? Shouldn't a complaint be filed against him with the ISB? Can they remove him from this case for how can a man be impartial and fair in a case like this when he has sworn to fill the quota of kids for the govenor? the more kids he puts in fosterhomes and adopted the more federal dollars he makes for the state. Can this kangaroo court be stopped?


Asked on 10/20/03, 4:14 am

1 Answer from Attorneys
Gass Timothy Gass Law Office

Re: Can this Judge be removed?

YOu need to file a motion to disqualify the judge under rule 40(d)(2) of the Id Rules of civil Procedure to disqualify the judge and an affidavit supporting the motion setting forth all the grounds filed at the same time. Set it for a hearing and the judge you want to disqualify decides whether he/she is interested in the proceedings. However, I have never seen a judge disqualify themselves on one of these motions.

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Answered on 10/20/03, 11:50 am


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