Q: After battling uphill in court for three years (New York County Supreme Court Matrimonial Part ) i find out (post trial) that the son of the Judge we were in front of was a member of the same faculty as my wife. It is impossible to believe that this fact, where his son worked ‘slipped his mind’ or that the numerous mentions of where my wife is employed somehow got past him.
Several times I asked this guy to recuse himself because of Bias, and was ignored.
Two complaints were made to the Commission of Judicial Conduct about his bias which were also ignored.
Now that I have found the basis of his bias, how do I fix this ethical lapse. Is Media the only way to go?
A: David’s Answer: While is may be frustrating news to deliver, the mere fact that your wife is employed at the same workplace as his son isn’t a conflict of interest in itself. Many more facts would need to be discovered, such as the extent of any personal relationship, whether the Judge thereby also had a personal relationship with your wife, etc. It’s extremely hard to get a Judge recused off a case – there may be better ways of dealing with the issue. Schedule a consult with a NYC Family Law attorney for a full assessment. – David Bliven, Bronx Family Law Attorney, (www.Blivenlaw.net)