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