Recused once - Always recused?

[wnagel]

What is the name of your state? KS

I had an unfair divorce Judge about 10 years ago. In itself that statement by just me doesn't mean much, but after I appealed her ruling to the Kansas Appeals Court, the appeals court called her "Unreasonable" and "Obviously Hexed" against me. Afterwards, another request for recusal was filed and she finally recused herself. Harsh words were spoken about this.

I recently filed a libel lawsuit, which partially involves the divorce/custody from above. And lo and behold, the case was assigned to this same Judge.

I had thought that this Judge would have just automatically turned this case over to another Judge, but she has already started to make some preliminary decisions in regards to Discovery, (nothing that would denote for or against me), but I worry that she might have a grudge against me.

Obviously I cannot just write her a letter, and request that she was recused prior, as that would be an ex-parte communication, so it appears that my only alternative is to file a recusal? Are there any rules about a recused Judge not being allowed to hear any future cases that relate to the case they were recused on?

 

[justalayman]

(read the signature line)


Recusals are specific to the case and as such, would not be cause for automatic recusal. In your case, the recusal was based upon a bias against you so you would be justified in requesting a recusal.

 

[SHORTY LONG]

You need to make sure that the SOL has not run out: SOL=Statute of Limitations before you file your law suit!

 

[Zigner]

You need to make sure that the SOL has not run out: SOL=Statute of Limitations before you file your law suit!

Shorty - that was a bit out of left field. The law suit has already been filed.

 

[SHORTY LONG]

Zigner, respectfully, from the [op's] post, "I recently filed a libel lawsuit, which partially involves the divorce/custody from above."

 

[justalayman]

and we all know that a suit can be file even though the SOL has run as it is an affirmative defense that the defendant/respondant must present to cause the suit to be dismissed.

the courts are not going looking for the answers for either side.

 

[SHORTY LONG]

Agreed that a suit can be tolled on the SOL, which is a very high hurdle to meet!