Legal Question in Family Law in New Jersey
Change of Venue
I feel my case has a major conflict of interest. The opposing attorney was a former clerk of the judge, and my side of the story never sees the bench. I feel the judge has a prejudice against me. I wish to change venues since the judge will never admit that he has misjudged me. How can this be done? I know I have heard of many people changing venues in NJ, but need some guidance. My county is Essex. My current attorney (#3) keeps trying to talk me out of it. I have spent thousands in legal fees and I could have done just as much damage representing myself without the aid of any attorney. Any guidance would be much appreciated.
2 Answers from Attorneys
Re: Change of Venue
If you are getting killed in court already filing a motion to disqualify the judge is not going to make your situation worse. The appearance of the judge favoring his old law clerk is a basis for filing a motion requesting that the judge recuse himself from the case.
Also, if you lose the motion, the judge might become more concerned with appearing impartial.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Change of Venue
Sounds like you need attorey #4. Your attorney has to do this for you as the Judge cannot have pro se motions being filed when you are already represented. Feel free to give me a call if you want to discuss your situation in more detail. While I think you should go ahead with the motion, I have a feeling there are other, more important issues that need to be addressed with your case. My initial consultations are always free.
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