A Motion to Recuse the Judge Assigned and Having Jurisdiction Over a Criminal Matter Must Sufficiently Alleged Facts Tending to Establish that Said Judge Is Predisposed Toward the State and Against the Defense
Nov. 2, 2021
A motion to recuse the judge assigned and having jurisdiction over a criminal matter must sufficiently alleged facts tending to establish that said judge is predisposed toward the state and against the defense. Many lawyers have a problem with the filing of motions to recuse due to the fact that they require local criminal defense lawyers to state publicly and on the record that the presider is incapable of being fair and impartial.
Keep in mind that many of our local criminal defense attorney’s in Broward routinely socialize with the sitting criminal judiciary. Lawyers shy away from filing these motions and they shouldn’t claims.
The fact is that when issues arise in criminal cases that may create an appearance of impropriety or unfairness, judges are quick to pass the case on to one of the other sitting judges.
However, these motions should never be filled without an adequate basis. Frivolous motions to recuse will have a lasting effect on your relationship with any particular Judge. Motions to recuse that have merit, however, are generally well received by the court.