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  1. #1
    Join Date
    Apr 2015
    Posts
    2

    Question Does a Judge Have to Recuse Himself if He's Acquainted With a Party

    My question is in regards to a case in Michigan.

    My wife's mother worked for the court system in which our divorce is being handled as the prosecutor's victim's assistant for over 20 years. The judges in the system know my wife by her first name and watched her grow up as she would come in and see her mother at work all the time. They pass in public, the judges and other court employees, and they will exchange greetings by first name and pleasantries such as "How is your father, brother, etc?" They have been to family dinners, outings, etc. Does this place the judge in a position where they should recuse themselves or where I can request that they do so based on personal bias? What about the Friend of The Court caseworkers? Her mother had a close relationship with them as well as them knowing my wife under the same circumstances. Is there a way that I can have the case moved to another circuit family court based on personal bias?

    Thanks in advance for any replies.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Would This Situation Require a Judge to Recuse

    Court workers knowing your ex is not a reason to change venue from what you've said here. If she's the court clerk working for the judge in your case, that would be something else.

  3. #3
    Join Date
    Apr 2015
    Posts
    2

    Default Re: Would This Situation Require a Judge to Recuse

    Thanks for your reply.

    So the judge handling our divorce and the FOC worker handling our custody case can have a personal relationship with my wife and there is nothing that I can do to have it moved to another jurisdiction? That just doesn't seem right to me at all.

    - - - Updated - - -

    My step father was an attorney who knew a judge in the county in which he practiced. When he would have such cases go to court, the judge would recuse himself based on playing squash with him four or five times a year. How is this different?

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Would This Situation Require a Judge to Recuse

    I think you're comparing apples to hedgehogs, but here you go:

    http://www.judicialrecusal.com/michigan/

    Get someone to turn off the lights - the site and its references will bore you half to death. Here are some more....

    http://www.brennancenter.org/blog/re...eform-michigan

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