Can you sue a biased judge?
You can’t sue a judge because the judge was wrong. That’s what appeals exist for. In your appeal, you explain how the judge got either the facts or the law (or both) wrong.
Is there such a thing as a wrong judge?
“There is no such thing as the judge being wrong.” This proclamation was uttered to me by—you guessed it—a judge. It’s a judge’s job to be right, and ultimately they wear the robes, not you. However, every litigator will eventually encounter a jurist who is undeniably flat-out wrong on an issue.
What should I do if I object to a court decision?
If your objection results in a questionable ruling by the court, make a record of it with an offer of proof to preserve the record for appeal and move forward. Unfortunately, there are times when a judge’s misunderstanding or misapplication of the law is material but the issue cannot be remedied via a later appeal.
Can a judge’s misapplication of the law be remedied?
Unfortunately, there are times when a judge’s misunderstanding or misapplication of the law is material but the issue cannot be remedied via a later appeal. In these circumstances, the rules provide for an interlocutory appeal.
Who is the judge in the Couloute case?
The attitude of which I speak was most recently illustrated by a New York judge named Harold Baer. The case involved a couple of former girlfriends of Matthew Couloute Jr., a New York Lawyer.
What to do if a judge is wrong in a case?
If you question a ruling against you within court, you may ask the court’s permission to brief any issue before a ruling is handed down. It’s your job to represent your client accurately; don’t be shy about due diligence on a sticky point. How will the error affect the case’s outcome?
Can a lawyer refuse to help a client?
One of the few exceptions occurs when a client asks for a lawyer’s help in doing something illegal, such as lying in court or in a legal document. In these cases, the lawyer is required to inform the client of the legal effect of any planned wrongdoing and refuse to assist with it.
What are the most common complaints against judges?
Complaints against judges often allege improper behavior in the courtroom during a trial.
Can a practicing lawyer expose a bad judge?
Very few practicing lawyers are willing or able to expose Bad Judges publicly, for they are at great risk when they must later appear again before the exposed Bad Judge. Exposure of rotten judicial apples offends and embarrasses the entire judiciary.