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I’m often asked how important the Judicial Officer is in a Family Law or Dependency Law proceeding. It could be the most important non-factual part of your case.
Judicial Officer Assignment in Family Law Cases
In a Family Law case, you are given an assignment of which the Judicial Officer will hear your matter when you first file. Under the California Code of Civil Procedure section 170.6, you are allowed to file an affidavit to send the case to a different judge. You just have a very small window of time to file your request, and you don’t know where you will be sent to.
Time Constraints in Dependency Court
In Dependency Court, it’s even more of a time crunch because you find out who is hearing your case on the day of the first hearing. Although new case law exists that allows you to send the case to a different court after the detention hearing, you have to be very deliberate in your decision on whether you want the judge to hear your case at the start. Not to mention, you only get one challenge for an entire case.
The Decision to Challenge a Judge
The decision to challenge or not challenge a judge may be the most important step a party or attorney can take in their case. The more experienced the practitioner, the more knowledge the lawyer will have of the system and where the case might be headed. It might be most prudent to keep the case where it is because chances are it might get worse. A peremptory challenge is a useful tool that should be taken seriously, and the decision of whether or not to file your challenge is your first significant choice in the case.
Considering Judicial Reassignments
Also to be considered is the fact that Judges move from assignment to assignment. Therefore, it may not be prudent to challenge a Judge if you know they may leave sometime soon.
Debunking Concerns About Judicial Retaliation
One of the major things a lawyer should not consider when deciding whether or not to file a challenge is alienation or punishment by the judge. I have spoken to many judicial officers, and all that I have spoken to view the 170.6 as a valid strategy, and no grudge should be held.
Changing Judges Mid-Case: Is it Possible?
Finally, I am asked a lot if a Judge can be changed mid-way through hearing a case. Unfortunately, the answer is most likely no. Once a Judge starts making decisions on your case and hearing important issues, you cannot change judges just because the decisions have been made against you. My best advice if things are not going your way is not to criticize the judge, but perhaps change up how you are presenting your evidence.
Understanding Your Judge’s Style
It is important to understand your judge and their style to put the evidence before them that is most important and will get the best results. That is why hiring an experienced Los Angeles Family Law or Dependency Law attorney for your matter is very important.
