Can I Get a New Judge?
You might be wondering whether you can get a new judge for your case because you think your judge is biased or won't be fair in your case. This article will explain:
When you can get a new judge.
How to ask for a new judge.
Situations where you cannot get a new judge.
In some counties, you might be assigned one judge for your entire case. In other counties, you might have one judge for a short hearing and a different judge for trial. You may want to ask your court clerk whether you will get a different judge later in the case.
When can I get a new judge?
If you believe your judge can't be fair or treat everyone equally, you can ask for a new judge.
You can only do this if:
The judge hasn’t already been involved in your case.
You’re making the motion in good faith, which means you honestly believe your judge won’t be fair.
You aren't asking for a new judge just to delay your case.
How do I ask for a new judge?
Oregon does not have a statewide form to ask for a new judge. You can use this form from Columbia County as an example of what to file.
You should make sure to include whether:
You think you can get a fair trial.
You are making the motion in good faith.
You are filing the motion to try and delay your case.
You can only ask for a new judge two times in your case.
Every court appoints a judge to your case in a different way. It is very important to check your court rules, by calling the court clerk, to see what the deadline is to ask for a new judge.
For example, in larger counties you may have to make this motion at the time you are assigned a judge. You can do this by telling the person who assigned you the judge that you will be making a motion to get a new judge. You must then file your motion right away.
Frequently asked questions
No. Once a judge has made a ruling in your case, it is too late to ask for a new judge.
It depends. If a judge is closely related or married to someone involved in the case, they must transfer the case to a new judge.
If they are only friends with a person involved in the case, then they can still be the judge on the case. The exception is if they know facts related to the case because of their friendship, then they are required to transfer to a new judge.
Probably not. Oregon has a small legal community, and it is quite common for judges to be friendly with attorneys. A judge is only required to transfer the case to another judge if they learned facts about the case because of their friendship with the attorney.
Some judges will decide to transfer the case because they are friends with one of the attorneys, but it is not required.
Possibly. You may be able to get a new judge if you can prove that the judge is personally prejudiced or biased against you because of your:
Sex
Gender identity
Race
Ethnicity
Religion
Sexual orientation
Or other protected status
However, the process of doing this can be difficult. If you are not successful and the judge does not agree that they are prejudiced, this could be detrimental to your case.
You should talk to an attorney before you try to get a new judge for this reason.
Laws about asking for a new judge (also called "disqualifying a judge") are found in the Oregon Revised Statutes (ORS): ORS 14.210, ORS 14.250, ORS 14.260, and ORS 14.270.