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In response to
"So the small claims case (now approaching a year old) was supposed to have a final judgment next week, but then I get this email."
by
Tim
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Small claims & options
Posted by
Lafarrow (aka Lafarrow)
May 23 '22, 19:59
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It really depends on your state and the rules the court has but small claims is very forgiving. In fact there is usually an appeal right to a more "regular court." A lot of times it is a de novo review meaning it is just a do over you don't need the typical error of law you would normally need for big boy court.
You also note "final judgment next week" Interesting term b/c that means the court has already taken evidence and y'all are just awaiting the ruling. It is odd, at least in my experience, that the recusal issue would only arise after the trial and while awaiting a ruling. From the email it sounds like the attorney is worried that b/c he and the judge are on opposite side of some other unrelated case he would ask to recuse but does not want the wasted time. I suspect if you want this over and say so then he may not raise it. He does not need your consent to do so anyway and it appears to be courtesy. Still raises a lot of questions about timing and why only now.
Just b/c it is a small town does not mean that you are not entitled to justice and a fair tribunal. There are mechanisms in place to take care of these sorts of thing with judges by designate n and old circuit riders or appointments of special masters nd the like.
I am not so sure I agree with recuse now crowd just b/c of the lost time If you want/need time then probably a good thing to say "go ahead and raise the objection" If you want a decision just to get it over with then let it ride.
Like most things law related no easy/one true path/right answer just different differing degrees of bad/good.
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