Legal Question in Criminal Law in Massachusetts

Re: Recusation

You didn't mention the court your in and that can play a major role. The larger the Court the greater the likelihood that you may not see the same judge again, the smaller the Court the greater the likelihood you will meet up with your favorite Judge. Anyway, usally a simple request will work, but in your case a formal motion appears in order.

CVSheaIII

Re: Recusal

The reason for requesting a judge's recusal for

bias must come from OUTSIDE the present case.

So if you move for the judge to recuse himself

and he denies your motion, his denial will be upheld were you to appeal.

However, where you have notified the JCC, the

judge may recognize you as the complainant.

He then might not want further difficulties and

recuse himself. It varies, I am told, from judge

to judge, just as everything in life does.

From here on in, you might want to take care and

think of the

black robe as a magic blanket, one which

emboldens a judge to act misanthropically

. . . particularly in Massachusetts, where they

are appointed for life (i.e., until the age of

70 or later, if they are "recalled"

when there are too few judges).

Be careful what you say when you appear before him again. You don't want to end up in jail for contempt of court.