Family Court Magistrate Misconduct

Summary

A family court magistrate could abuse their power by showing bias, making decisions without proper evidence, or not adhering to due process. In Westchester County, New York, if you believe a magistrate is abusing their power, you can file a grievance with the New York State Commission on Judicial Conduct, appeal the magistrates decision in a higher court, or consult a local attorney. If the magistrate does not recuse herself, you can appeal to a higher court and file a complaint with the New York State Commission on Judicial Conduct. The likelihood of reassignment depends on the investigations outcome.

Full Conversation

The magistrate keeps denying downward modifications after 3 years according to the law
I understand your concern. May I know in which jurisdiction your case is being dealt with? This will help me provide more accurate information.
Westchester County New York
In Westchester County, New York, if you believe a family court magistrate is abusing their power:
- File a grievance with the New York State Commission on Judicial Conduct
- Appeal the magistrate's decision in a higher court
- Consult a local attorney for more specific advice
My lawyer has written objections even asking the magistrate to recuse herself
It seems like you're taking the necessary steps. If the magistrate does not recuse herself, you can appeal to a higher court. Also, you can file a complaint with the New York State Commission on Judicial Conduct. The Commission investigates allegations of judicial misconduct.
After following the above steps what is the likelihood of a reassignment of a magistrate
The likelihood of a magistrate's reassignment largely depends on the outcome of the investigation by the New York State Commission on Judicial Conduct. If they find misconduct, they may recommend disciplinary action, including reassignment. However, it's important to note that each case is unique.