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Atlanta, Marietta and Kennesaw Divorce and Family Law Blog

Is Your Judge Biased?

Posted by Diane Cherry | Feb 04, 2014 | 0 Comments

Biased Georgia Divorce Judges
Biased Georgia Judges

How to Deal with a Biased Judge.

For starters, let's assume all judges are biased.  Like everyone else, judges have a lifetime of experiences, beliefs, feelings and leanings. They can't help it.  They aren't blank canvases.

For the most part, judges try to be fair and impartial but they are human and are sometimes influenced by things outside the courtroom that are beyond your control.  Since that is an immutable fact of life, you should get over it and focus on what you can control.  Control what you say and how you say it.  Make sure you are honest, sincere and transparent.

If you are evasive and try to shade the truth, it will most likely backfire on you.  If you hide important factual details from your lawyer, your lawyer will look unprepared or foolish.  You can leave the courtroom feeling like “the judge was biased,” but the real problem may be the testimony you gave or the manner in which the case was presented.

What that means for you and your case is that, except in rare cases, you have to do the best you can with what you have.  Prepare as well as you can and give it your best shot.  If the judge doesn't like you, your lawyer or your case, it probably has more to do with your lawyer's lack of preparation or lack of credibility of you or your witnesses than the fact that the judge knows the other lawyer and occasionally has lunch with him or her.

In rare cases, judges recuse themselves because of some tie or affiliation with a party or case.  If you suspect such a relationship, let your lawyer know about it immediately so he or she can bring it to the Court's attention.  However, understand that such conflicts of interest are rare.

For more information, join the discussion at the Georgia Divorce Network Community.

About the Author

Diane Cherry

I am an Atlanta area Family Law and Criminal Law Attorney who has represented hundreds of clients in federal and state courts and administrative hearing cases throughout the State of Georgia.

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