What can I do when the judge is biased?

Get Legal Help Today

 Secured with SHA-256 Encryption

What can I do when the judge is biased?

The judge in my case seems heavily favorable to my ex-wife. He has been seen having conversations with her outside of court. She approached him concerning the trial. Is this legal? What can I do when I firmly believe that the judgements in this case have very little to do with the evidence?

Asked on May 7, 2009 under Family Law, Kansas

Answers:

R.C., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

   Kansas Statute 75-575(a) says that "A presiding officer serving in an adjudicative proceeding may not communicate, directly or indirectly, regarding any issue in the proceeding while the proceeding is pending, with any party or participant, with any person who has a direct or indirect interest in the outcome of the proceeding or with any person who presided at a previous stage of the proceeding, without notice and opportunity for all parties to participate in the communication."  This is called ex-parte communication, and it is forbidden without your participation.

   This seems like it sums up your situation, although of course you don't know what the two are talking about.  Do you have a lawyer?  If yes, tell him about this situation right away.  If he knows but isn't inclined to take any action, perhaps you should call your county or state bar association, and ask him where you can make a complaint about this ex-parte activity between the judge and your wife.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption