Legal Question in Family Law in Massachusetts

How to get a new judge in probate court

I need to know how to get a new judge at probate court she never listens or looks at evidence. ''police reports or letters from professionals concerning my child. Also gives advice to ex-husband and papers before I get them in the mail.


Asked on 3/28/08, 11:15 am

1 Answer from Attorneys

Gregory Lee Gregory P. Lee, Attorney at Law

Re: How to get a new judge in probate court

A judge must be asked to recuse him or herself if you have cause.

Police reports and letters are NOT evidence. They are letters and reports. testimony under oath and properly verified documents of certain types are evidence.

If you have real evidence that the judge is favoring your ex-husband by granting advice or making sure that he gets papers more quickly than you and without justification, you have a right to complain to the upper levels. However, the recordings of sessions will determine what is being said in open court, and there may be reasons to get papers to your ex-husband first -- e.g., if custody is involved, and the judge has reason to believe that you would disobey an order if it got to you before it could be implemented by proper authorities. Frankly, your ex-husband could just be diligent in getting his orders by waiting, or may have better mail service.

I am not saying that all judges are perfect, but the kind of bias you suggest exists is so easy to prove that only an idiot would allow it to show. most judges are not idiots -- they got through law school, practiced law, and convinced elected officials to appoint them to the bench.

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Answered on 3/28/08, 3:21 pm


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