Legal Question in Civil Litigation in Maryland

Maryland Rule 3-505 allows a Request of Recusal as well as a Motion and affidavit to the Administrative Judge of the District. However, in both instances it clearly states "before trial"

In this specific instance, a complaint is pending with the Commission of Judicial Disabilities based on a very clear and definite pattern of sanctionable conduct.

There will be multiple motions pursuant to Maryland Rule 3-535 on several cases to set aside judgments due to fraud, mistake, or irregularity. Specifically in one case the judge dismissed a case than proceeded to re-open the case and enter a judgment without any motion from either party 60 days later. There are multiple instances of like conduct.

So, catch 22. Prior to filing motions pursuant to 3-535 I need to file a motion for recusal. Is there a rule that allows a motion for recusal post-judgment? If not, is there an exception to the 30 day rule for appeal of District Court cases to Circuit Court?

Note: My zipcode is not the county in which the judge presides.


Asked on 9/23/10, 5:42 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

There is no such specific rule; 535 would be the only rule that would apply. However, recusal is based upon a claim that the judge has some involvement or interest in the case, or has a relationship with one of the parties or counsel, that makes it inappropriate for that judge to try the case. The issues you raise would not seem to fall into that category, certainly not at this stage of the proceedings, unless you discover such a ground after the trial.

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Answered on 9/29/10, 6:39 am


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