How can i request my case be reassigned to a different judge? How can i make a statement to the court?

Question

I have an inept judge and lawyer so I want to take matters into my own hands. Is there a motion i can file to request a change in judges to one that has a clue? Also, to get rid of my lawyer in the middle of the case does he have to file a motion to withdraw if I fire him. Then, do I have to file a notice of appearance to represent myself? I waited two years to have my case heard and I'm not even allowed to address the judge. How can I change make sure my side is heard?

Answer 1

First of all, good luck! In most cases, a new judge will not be assigned to you unless there are extreme circumstances. I spent the last five years working as a trial assistant. The court room was my second home. They don't allow this to happen because they are trying to prevent attorney and clients for "judge shopping." The only time I have seen a judge be reassigned is when the judge (who had mental problems) told a client of ours she's a crack whore and that she should do taxpayers a favor by killing herself.

Secondly, you do not want to address the judge yourself. You will be seen as a "difficult" client and will turn a judge even more against you. I understand that you want your side told but seriously, your attorney should do all the talking for you. I know that is frustrating, but just trust me on this. You need to sit down and talk with your attorney and tell him or her why you are unhappy with their representation. They should explain in detail why they are doing the things they are doing and why. Sometimes it doesn't make sense to clients why attorneys do (or do not do) certain things, but usually, there is a method to their madness.

As for representing yourself, you're not going to want to do that either. The district attorney/prosecuting attorney will walk all over you because they will know that you don't know the in and outs of how the court system works.

If you fire your attorney in the middle of your case, they won't necessarily stop the case and wait for you to get a new attorney either.

Also.....
the previous answer is incorrect in that you will automatically win an appeal. That is not true. The appeals court will conduct an investigation but it's not guaranteed that they will agree with you that your lawyer was inept. Unless your lawyer purposefully screwed up big time (or even unintentionally) that will be difficult to prove. Lawyers keep notes of every conversation they have with clients, work logs, etc. Most of the time it shows they were working in your favor and they will deny your appeal. After a conviction, an appeal can also take YEARS for a decision to come down. The average is about 2 years.

Answer 2

File a Motion to Recuse, list within your motion the reasons.

You can fire your attorney at any time during any hearing that is on the court record, Just stand up and make your demand. If your demand is ignored you will most assuredly win an appeal...