When the judge has shown demonstrable bias, ask him to recuse himself.

Started by M O'D, April 28, 2023, 09:57:32 AM

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The following is from MOB and is the simplest way for a judge to be asked to recuse himself i.e to stand down in the event he has demonstrated bias in court proceedings.

"All you do is send a Notice Requiring Judge To Recuse Themselves to the court, for the attention of the judge you seek to recuse, simply stating the following:"

QuoteDear Sir,

RE: [add case number]

With all due respect, I hereby formally invite you to recuse yourself from deciding this case, on the following grounds:

1. You have shown extreme bias towards the claimant.

2. You have shown extreme prejudice towards the defendant.

3. You have therefore stepped outside of your role an an independent arbiter of the evidence and the applicable law and must recuse yourself, otherwise I will be forced to make a formal application for another judge to order you to do so.

I look forward to receiving your reply by at your earliest opportunity.

In sincerity and honour,

Your Name
All Rights Reserved

"Then if they refuse, you do the formal version with an N244 application, asking for an order recusing the judge, which you don't have to attach a draft of; ask for it to be dealt with without a hearing by an HHJ.

That opens up the prospect of judge two letting judge one recuse himself quietly, without having to deal with any application for such, as I have achieved in similar circumstances more than once.

But if judge two refuses it can be appealed, which obviously kicks the enforcement can down the road."
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