if i filed a recusal. on a prosector and the hearing is a month away can he still file motions in my case?

Question

this recusal is because we have aconflict of intrest he has allready said in writing he hasent foregotten

Answer 1

Yes, until he is recused he can still file motions on the case, he can also respond to the motions you file

Answer 2

If you filed a motion with the Court requesting a new prosecutor, the motion must be held for a specific number of days to allow time for all parties involved to "answer" (respond) to the motion. Once that time is expired, the judge or commissioner will make a ruling as to whether or not to approve the request. IF and ONLY if he agrees does the motion become an order and a new prosecutor would be assigned at that point. Until that decision is actually made in your favor, this person is still your prosecutor and can file motions and do whatever is considered his job.

Sorry!

Answer 3

In NYS Yes. However, standard practice would make the ADA (Assistant District Attorney) who is subject to recusal refrain from filing any motion, or allow another ADA to do so. Bad part of NY Law is, should the DA's office be recused altogether, you go against the AG's office, which has more money and power to further investigate. Still, ask an attorney in your state/city, even if it is NY....as I am no lawyer, I just do all their work for them;

Answer 4

I looked it up in the wikepedia, recusals are usually reserved for judges when they are related to or have some connection to the case. In your situation in sounds like there is simply bad blood. Your best bet is too go to the District Attorneys office and request a different prosecuting attorney. If you have it in writing he has a beef with you and they don't change it then you can file a charge of prosecotorial misconduct against the D.A.s office. That will get there alarms going. Hope this helps.

Answer 5

Yes. In almost all jurisdictions, only after the judge makes a ruling on the motion, will the prosecutor be barred from continuing with the case. (if the judge rules in favor of your petition) you should see what the time allowance for responding is (usually 10 days or so) and call the judge's chambers if the prosecutor hasn't answered your petition to see if they will set a hearing asap. the prosecutor may still file motions while this hearing or ruling is pending. make sure you consult an attorney in your state.