1.  Most jurisdictions allow either the prosecutor or the defense to get rid of a bad judge automatically.  It’s called a “Notice of Removal” and either side can file one with the clerk of court  They don’t have to give any reasons to support their request—it’s automatic and the judge is booted.  There are two conditions, however:

a.  It must be made prior to the parties appearing before the judge for the first time.  Once they’ve had a court hearing, they’re stuck with the judge.  Apparently, in Adrian Peterson’s case, the prosecutors didn’t do this.

b.  It can only be used once.  Either side has to make a preliminary decision: will the next judge be worse than the first one?

2.  In Adrian Peterson’s case, the prosecutor first asked the judge to voluntarily remove himself.  I’ve seen this happen in my cases, but not for bias.  It’s usually happened because the judge had a conflict-of-interest—he knew the parties or had some personal/financial connection to the case.

3.  If either side hasn’t used the automatic Notice of Removal, things become tougher.  Most jurisdictions have a procedure to challenge a judge for being biased or unfair.  The Chief Judge or an appellate judge would hear the case.  It is handled just like a trial.  In Adrian Peterson’s case, the prosecutor would have to present evidence to convince the second judge the first one was too biased to be fair.  Of course, the defense can present evidence to counter he prosecutor’s case.

4.  What will the prosecutor do now that the judge won’t be removed?

a.  It could be the prosecutor is mad and doesn’t think the public and the victim will get a fair trial in front of this judge.  Some judges are clearly biased toward the defense or the prosecution.

b.  Even though the prosecutor lost this hearing, he’s drawn attention to the issue.  Hopefully, the judge will be on “his best behavior” and rule fairly throughout the trial.

c.  If the prosecutor loses the Adrian Peterson trial on assault, the issue of a biased judge might give the prosecutor a reason to appeal.

Any thoughts from you??

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What does that mean?  What happens now?

1.  The government may open a child protection case whenever there’s a serious allegation that a child needs protection or services from a parent.  Clearly, physical abuse by Adrian Peterson would qualify for opening a case.  It’s not a criminal case.  It’s not to find the parent guilty or not guilty of abuse.  The purpose is to change the parent’s behavior in order to reunify the family and assure the child will be safe.

2.  After the case opens, Adrian Peterson and the mother would be given a case plan to complete.  Typically, this would include parenting education and anger management, for instance.  The judge can order no contact between the parents and the child to further protect the child.  Visitation could occur under supervised conditions.  If the parents complete the case plan, the child could be reunited with them and the child protection case dismissed.

3.  Is Adrian Peterson the custodial parent?  He has several other children with several other women.  I don’t know if Adrian Peterson is the custodial parent of the 4-year old.  If he’s not, then it may be unfair to the mother (the custodial parent) to have a child protection case opened if she is providing adequate care for the child.

4.  However, if Adrian Peterson abused the child and the mother didn’t take protective steps—remove the child, report to police, doctors, etc, she could be included in the child protection case.

5.  Problem—if Adrian Peterson is not the custodial parent, why did the Minnesota prosecutor file the child protection case?  The Texas court has probably ordered no contact between Adrian Peterson and the child.  But that order is only effective in the state of Texas.  It would not prohibit contact in Minnesota.  Now, that the child protection case has been filed in Minnesota, a judge could prevent contact for the child’s safety.

6.  What can happen next?  The parents will receive a case plan.  The sooner they can complete that plan and convince a judge the child would be safe in their custody, reunification could occur.

It’s a sad event for everyone.  At least the child will receive the protection he deserves and the parents will be given help to become better, safer parents.

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