1

If a person wins an appeal in MS family court due to no guardian ad litem being appointed when allegations of child abuse are made known does the appellant have grounds to request another judge or will the appellant have to face the same judge?

2
  • What do you mean to "win" an appeal? To get granted a leave to appeal?
    – Greendrake
    Commented Jul 28, 2021 at 8:30
  • 1
    @Greendrake filed an appeal and won the appeal and has to go before the judge for retrial
    – Jonny
    Commented Jul 28, 2021 at 8:37

1 Answer 1

4

If you win a family court appeal in MS can you request another judge?

You can always file a motion to recuse, perhaps with a rehearing with the chief judge afterwards. Without knowing the details of the reversal on appeal, though, it is impossible to identify whether the appellate opinion or the record of the case endorses/supports a finding of bias or other grounds for disqualification. These motions are hardly ever granted. See Pearl River Co. Board v. Mississippi, 289 So.3d 301, 308-309 (2020):

In the absence of a judge expressing a bias or prejudice toward a party or proof in the record of such bias or prejudice, a judge should not recuse himself. [...] The burden [...] is a heavy one

The bar for granting these motions is overly high not just on paper, but in reality there is also an element of judicial arrogance insofar as these motions are a form of firing a judge. Recusal can be meritorious in your case, yet be denied even by the chief judge and the appellate panel.

1
  • 1
    Fun fact: In most Continental European court systems you automatically get a new judge if your case is reversed on appeal and remanded.
    – ohwilleke
    Commented Jul 28, 2021 at 23:31

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .