What are My Remedies if the Judge in My Case is Biased?

Full Question:

To whom it may concern: What can be my recourse if my mothers criminal case, being handled by a Nassau County Supervisory Administrative Judge, is being conducted in an impartial manner? Can my mother request a new judge, escalate the case to a higher court, etc?
06/30/2010   |   Category: Courts   |   State: New York   |   #22525

Answer:

A recusal motion is made directly to the judge, who must decide it before s/he rules on a motion to reargue and/or vacate. Otherwise, if an appeal is taken, you can ask in your brief that if the case is remanded (sent back to the trial court) that it be assigned to a different judge. If you have a complaint about a NY state judge, you may file a complaint with the New York State Commission on Judicial Conduct at:

61 Broadway
New York, NY 10006
(212) 809-0566
www.scjc.state.ny.us

Please see the following NY judicial rules of conduct:

http://www.scjc.state.ny.us/Legal%20Authorities/rgjc.htm

See also:

http://www.theodora.com/teddy/newyork/pleadings/nycour39.html
http://www.theodora.com/teddy/newyork/pleadings/nyaffi40.html