How to Disqualify a Judge
Based in CA:
I am a victim of [a] family law judge. I am the mother of a 22 month old daughter with severe health problems. The ALLEGED father (for whom no trustworthy evidence to prove he is the biological father has been provided or was submitted) was granted parental rights based merely on his word. He is NOT listed on her birth certificate or any other material and pertinent document. I have reluctantly objected since 2009 against this finding and the Judge has continually violated my rights by refusing to order the alleged father to have a DNA test performed with the child.
This alleged father lives in an environment that is detrimental to her health and safety and the judge continues to send her with him for visitations OVERNIGHT and EVERY WEEK. The alleged father, among other things, refuses to seek medical care for her, refuses to give her the prescribed medications. The judge is acting as if he is a medical professional, claiming her severe allergies are to fruit juice (we can contradict this with doctors statements, she has severe allergies to environmental things such as pollen, trees, pets etc. ...) The judge has continuously violated my constitutional and statutory rights.
He has put me in a bad situation with my other child also by imposing duties and obligations on me, e.g., times of exchanges, that require me to be in two places at once. The judge pretty much has said by his orders that I should neglect my other child to comply with his orders.
During exchange events for visitation, the judge ordered ME to stay in MY CAR for ONE HOUR and ordered me to BRING A THIRD PARTY to exchange the child (specifically naming my fiancée). In my trial today 6/20/2011, the judge ordered one of my witnesses to get off the stand before we were able to complete his examination and testimony.
Another instance was when the judge refused to admit evidence that displayed the nature of the alleged father and his grossly rude behavior towards this situation. In a recorded statement by alleged father stated, "this is just a game I’m playing to win;" its intended use was to impeach the alleged father's testimony and claims against us.
This judge is extremely bias towards women, he has made statements to other women with whom I have spoken about them being not credible, claiming men are better than women etc. ... the judge has told me I’m not credible, has told me to shut up, has disregarded my other child and says she is not important. I have not received a fair trial with this judge and it is severely impacting the health and well being of the child involved. It has also affected my other child, in her behavior, attitude and school performance when her sister is not around.
Judge [] inputs his own beliefs into these cases and does not give mothers a fair chance at protecting their children. This judge is very bias towards women, and is allowing his own beliefs to affect his rulings on cases, even if it means not following statutory laws.
He won’t allow testimony to be heard and evidence submitted if HE thinks it’s irrelevant. I have always questioned paternity in my case, and have been refused DNA testing because the judge held it was not needed. The judge also disregarded the fact I was raped and abused by this alleged father and I have reports backing this up. He is abusing his judicial power and affecting many lives. Like the legislator says, it’s important to and of most concern of the courts to protect the health, safety and well being of the children, but that has not happened here with Judge [] The Judges demeanor/decorum has been very inappropriate towards me and even my attorney. The Judges tone of voice, facial expressions and gestures in court are way out of line. The judge pre-judges everything happening in this and probably lots of other cases. His tone of voice he uses towards me, the gestures he uses and the way he acts while on the bench have come off to me as very bias and very rude which has been seen by my attorney and my witnesses sitting in the audience, and my own father. I have sat there watching the judge not paying any attention or listening to what’s being said and you can easily tell by his gestures, I have witnessed him playing solitaire on his computer, sitting playing with his blackberry, getting up to get coffee, sitting there reading other case files when he SHOULD BE giving his 100% attention to what is going on in front of him even if he does not want to hear it. Had I known the issues with this judge before we had our first trial appearance in 2009, I would have filed a disqualification under Cal. Civ. Proc. Code §170.6
this is what ive filed with the judicial commission and the presiding judge but it explains everything that has happened to me...i want to recuse/disqualify this judge and im not sure how to go about doing so. ive tried googling it and not finding any good info. everything is on court record and i plan on obtaining transcripts.....im sick of the corruption in the system and i want to protect my children. CPS has been involved, but they wont do anything. .....as of the most recent occurance on 6/22/2011, my attorney appeared on my behalf becuase my entire household was sick (throwing up ect..) The judge granted the alleged bio father 100% custody with no visitation to me... EVEN WITH SEEING HER COMPLETE MEDICAL RECORDS and the father not denying his environment has potential hazards to her condition! The father also submitted her medical records, but he pulled out anything that made him look bad. we submitted her 100% records nothing removed. We submitted a letter from a doctor who is a specialist in asthma/allergies and he made it 100% clear that the child can die(anaphlaxys) from overexsposure to fathers environment. He also made it clear in the letter that she is to be on the two medicines (and the judge ruled that she is not to have them..what makes him a medical professional to make such a order baffles us)
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