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Order The Georgia DUI Trial Practice Manual, 2011 Edition. By William C. Head, Frank T. Gomez

Georgia Administrative License Suspension

Unable to Switch Judges in Georgia Criminal Case

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When we get a judge assignment and it's not very favorable, our client’s will ask us, “Well can you get it out of that judge's courtroom?” The answer to that is generally no. Sometimes things happen that cause the case to be transferred to another judge's courtroom. It may not have anything to do with what we file. It just may be the way things work out because perhaps a new judge is added to that circuit and every judge takes twenty percent or twenty five percent of his or her files and sends them to the new judge. It also could be that the judge retires or the judge has a health problem that’s going to be covered by a different judge in that courtroom.

In some jurisdictions we have magistrate judges who are judges who come in and sit for the state court judges for jury trials. They will show up many times when the judge is away on business or is just not able to cover the whole case. Some judges actually bring in a magistrate judge to try the cases every single trial term so that they can do to two trials at once. Don't be surprised if the judge you start off isn’t who finishes the case if it turns out that you start off with a bad judge. As opposed to Minnesota in some states where you can do a judge shuffle and get a new judge, we don’t have that in our law.

We may be stuck with the judge we have. That’s why having a knowledgeable attorney who knows the judge and knows his or her ability to try the case fairly, we’ll tell you that.

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