Is it normal for a lawyer to use one judge to try his cases?

Question

This certain lawyer in riverside ca. continues to have this certain judge reside in cases against a person I'm acquainted with whether it's family law,criminal or civil. I find it peculiar & it seems like conflict of intrest. I need help on how to act upon it.

We have the ducuments on all this one time they even removed the court reporter & placed another. This judge placed my friend inconfinment & said my friend was incompetent 3mos. in jail & 3mos. in a mental lockdown facility, I had to hire an att. to have her released. The original charge were dropped in their intierty.

This judge took away costudy of her 8yr.old daughter & gave it to the father who is accused of child molestation of her daughter who was 11yrs. old at the time. The father has interfered with visitation orders & the judge told her if she wants to see her daughter she has to go to florida to see her. Where is the equal justice????

Mr.Coragryph I presume that you are someone very intresting to corespond with I admire your knowledge my email is [e-mail]

Answer 1

Very peculiar -- normally, except in very small rural counties -- a judge will only sit for one type of case predominantly, either family law or civil or criminal.

And a consistent appearance by one attorney before one judge -- especially if that attorney tends to win more often than they lose -- is at the very least creating the appearance of impropriety that would require the judge to recuse themself.

The same applies to one judge constantly hearing cases that involve a particular party -- especially if the judge is crossing areas of law to hear all of these cases, and either finding constantly in favor or against that person. Even if there is noting actually corrupt going on -- it creats teh appearance of impropriety, which is grounds for recusal.

That being said -- the level of corruption on the bench is staggering -- and very sad for those of us who actually cherish the ethical standards of integrity that we have sworn to uphold.

Answer 2

It may be that all of this person's cases have been consolidated. This can happen when all of the cases, whether in family law, probate or other civil, arise out of the same set of circumstances and involve the same people. One of the parties in one of the cases can then ask the court to consolidate them and have them all heard by the same judge to reduce the amount of court resources needed.

Sometimes, cases are consolidated by the courts themselves, without any request by anyone. When a new lawsuit is filed, the attorney must file a "statement of related cases" identifying other matters involving the same incident and parties. The presiding judge of the court system then may order all related cases to a single courtroom.

This is very common in Riverside, CA, which is one of the fastest growing counties in the US with a huge caseload.

But it would be very unusual to combine civil cases with the criminal docket and I'm not sure that is what is really happening there.

Consolidation by itself is not a conflict of interest for the judge. If you have other evidence of bias, your acquaintance can petition the judge to recuse himself. If he refuses, it can be appealed.

If your acquaintance is involved in three or more cases, then I certainly hope he/she has a good lawyer and is not trying to do this him/herself. If there is a lawyer, your friend should bring these questions to the table.

Answer 3

Judges are appointed to cases by the judiciary committee. Lawyers don't have the luxury of selecting the presiding judge on a case.

Answer 4

Unfortunately or fortunately the assignment of judges is done by the Clerk of the Court. Attorney's do not get to pick their judge.

Answer 5

in a small city there isn't much of a choice.. in larger cities usually they do mix them you might want to inquire at city hall why this is happening. Maybe the bar association?