One of the most common statements I hear from prospective clients is that the Judge they have on their case is biased against them. This usually stems from the fact that the Judge has not ruled in their favor, so of course, they must be biased, right?
This is generally not the case, however. Our system of law provides for reasonable people to disagree as to an interpretation of laws and it is the job of a judicial officer, such as a Judge, to determine the correct intepretation. Sometimes the ruling is in your favor, and sometimes not. A negative ruling doesn't necessarily mean that the Judge is biased against you. A more appropriate assessment focuses on the Judge's conduct towards you. Is he/she polite? Do they make rude comments? Does the Judge seem upset that you are in their courtroom?
While most Judicial officers are impartial and committed to fairness, if your truly have a situation where a Judge is biased against you, then hiring a new attorney may allow for a change. While you cannot normally obtain a change of judicial officer whenever you want (this is called forum shopping), hiring a new attorney will allow that attorney to file for removal of one judicial officer under California Code of Civil Procedure Section 170.6.
If you truly believe that you are being treated unfairly, then this may be another reason to hire a new attorney.
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