The judge in a custody case with Bob and Janice says that he (the judge) trusts Janice.

Would this amount to judicial misconduct or bias?

Bear in mind that Bob has also the challenge of getting a male worker to have a fair trial: this has been pointed out to the judge who ignored the fact.

What remedies can Bob use?

2 Answers 2


A Judge, particularly in a custody case, is supposed to form opinions on who is trustworthy. But the Judge saying that he trusts Janice need not mean that the Judge will rule against Bob, and is not misconduct.


Generally, in a trial (except a bench trial), a judge is exclusively a "trier of law", which means that they concern themselves with running the trial in a legal matter, and resolving disputes of law (such as if specific pieces of evidence should be committed to record).

The jury, as "triers of fact" are supposed to form conclusions as to who is trustworthy on what issues and to what extent. They are not supposed to confer until they hear all the evidence (and are sequestered for deliberation) so that each juror can finalize their opinions independently.

In a custody hearing, the judge also acts a "trier of fact"; thus, they take on a role of deciding who is trustworthy; specifically, in a custody hearing, their role is to decide who is most trustworthy/best able to care for a dependent child.

Now, stating "I trust Janice" out of the blue is odd, but I suspect that is not what happened. Rather, it was said in response to something that was said or asserted (e.g. "Janice is lying in her testimony"/"Janice asserts something" -> "I trust Janice").

This is not judicial misconduct; nor is it bias, which is "the predisposition ... against or in favor of one of the parties"; disposition due to evidence (such as testimony) is not bias, it is the point of accepting (and seeking out) such evidence.

  • Yes the evidence provided was false and or misleading as described here[ law.stackexchange.com/questions/70436/… ] Bob mentioned that the evidence provided by Janice was false and or misleading evidence and when mentioning that The judge ignored and said he trust her.
    – learnpath
    Commented Aug 5, 2021 at 15:06
  • 2
    @learnpath: then the judge is helping Bob. Janice asserts A. Bob states that the evidence is false. The judge, as a trier of fact, has to determine who is telling the truth. The judge is telling Bob that merely stating the evidence is false is not enough; Bob needs to present evidence to support his claim.
    – sharur
    Commented Aug 5, 2021 at 15:42
  • 2
    @sharur If Bob says, under oath, that the evidence is false, then that is evidence. Commented Aug 5, 2021 at 22:10
  • 1
    @Acccumulation yes, that is evidence. The judge is saying (and they are entitled to), that it's not reliable evidence. The trier of fact must weigh conflicting evidence. People may misremember things or they may colour the evidence with their wishes about how they want things to be. It may surprise you to know that it has been known for people to go even further: sometimes people under oath lie their asses off.
    – Dale M
    Commented Aug 6, 2021 at 1:08
  • TBH, after reading the linked questions I also trust Janice.
    – Sneftel
    Commented Aug 6, 2021 at 16:22

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