What if my judge is not fair?

Posted on: July 29, 2008 at 11:56 a.m.

Los Angeles criminal lawyers, and California litigants, find that most Southern California judicial officers are fair and just, treating the court proceedings, and parties, with dignity and respect. However, any experience criminal trial lawyer will have a story about a judge who was less than fair, siding with one side too much, and failing to treat the litigants with dignity.

Everyone understands that in a courtroom, the judge is awarded supreme authority over a variety of matters. Even in a jury trial, the judge plays an incredible role in how the case will be tried, how the attorneys are allowed to present their arguments, the evidence that can be entered and many more vital issues.

Of late, some members of the bench have come under fire for a variety of alleged offenses and ethics violations. For example:

- A U.S. District Judge in Los Angeles, Hon. Manuel Real had matters removed from his supervision after allegations arose of aiding the prosecution.

- In Texas, the embattled federal judge Hon. Samuel Kent is under investigation after being accused of sexually harassing a female employee.

- In Los Angeles, Judge Alex Kozinski was presiding over an obscenity matter and was found to have pornographic images on his own computer, which led to an investigation and a mistrial in that case.

- Hon. Joyce Allegro, a judge in the Santa Clara County Superior Court, has come under fire because with her background as a prosecutor, many attorneys are questioning her approach to the defense in her cases.

Here are some tips on how to proceed with challenging judicial officers:

1. First and foremost, contact an attorney with experience handling challenging cases and/or challenging judges. This will allow for an easier approach to a defense. Your attorney may have a legal basis to file a challege to the judge, and move the case to another court, pursuant to provisions in the Code of Civil Procedure Section.

2.The Code of Civil Procedure provides specific means of challenging a judge's fairness. There is both a formal and less formal procedure available.

3.Research the judges in question, through legal search engines and the newspapers in that area.

4.Be sure to use proper protocol and absolute respect while in the court room so as not to upset the judge.

5. Listen to the suggestions of your attorney who most likely knows the judge on some level and will able to guide you through your conduct in the case.

Tagged as: california criminal laws

Kestenbaum Eisner & Gorin LLP has been recognized as one of the best U.S. law firms, based on the experience, professionalism, and ethics of its criminal defense lawyers and attorneys. We aggressively defend clients in all Southern California courtrooms on state and federal charges, including DUI, DMV, misdemeanor, felony, juvenile cases, in the following communities and courthouses.

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