Hi Hope Jemimah here with a petition update . 


I filled for the recusal and disqualification of the judge presiding over this case in Nevada citing bias in favour of the children’s father and also citing that the judge also had an undisclosed relationship with the lawyer and counsel of the children’s father. The judge actually worked in this lawyers law firm and he was the judges ‘supervisor’ for a period of almost three years. The judge stated this in her public judicial application to the court.



Pursuant to Nevada law each civil action in a district court is allowed one change of judge as a matter of right.



The recusal was filled on the 13th of April 2020 citing multiple counts of bias, including:

i) Violations to a Temporary Protective order

ii) Forced eviction of mother and her children from their home by their father , his lawyer and his family.

iii) The suppression of Domestic violence evidence

iv) The suppression if violations of a Temporary protective order against father

v) The false statement by the court that this is not a case involving domestic violence despite evidence

vi) The ignorance of evidence that the children were attending full time daycare and had doctors appointments in Canada.

vii) The fundamental unfainess of the current custody order in light of the father of the children’s immigration abuse.

viii) The lack of trauma informancy by the court , that mother had suffered and provided trauma treatment notes by psychotherapists.

ix) The denial of the children’s father contempt of court and the denial of his perjury in court. 

x) Threats of criminal action by the judge and the threat of a motion to suppress domestic violence evidence.




The Judge answered the recusal motion on the 21st of April in an 18 page document explaining her actions and citing why the motion should be denied.
The most interesting statement was : 

“ However, when a judge has determined that he may not voluntarily disqualify himself, this decision is given substantial weight. “Under these circumstances, a judge is presumed not to be biased, and the burden is on the party asserting the challenge to establish sufficient factual grounds warranting disqualification.”… 



Basically if the judge does not voluntarily disqualify themselves, this means that their response possibly overides the recusal motion. 


She did acknowledge the issues that I raised in the original motion.
But,

She failed to acknowledge evidence that was pertinent to the children and domestic violence that she had received and denied. It was clear that motions that are denied means that the evidence is not considered. And therefore further suppressed.




On April 27th, The children’s father (Through the same lawyer that is affiliated with the judge) filled an opposition to motion where he asserted to “join with the judge’s answer” 




On May 7th 2020, we received an answer that stated many responses which include: 

-That the motion was not properly signed despite a signed delivery to the second judicial district court. They said, ’the affidavit could have been left with a suitable staff member on the first floor of One South Sierra St.’ On April 13th there was a signed delivery by DHL to the clerk of the court and this evidence was provided to the court. 
 

- They stated that it was untimely and that I waited until the eve of trial. Nevada law requires 20 days notice but however, the the date of trial was suspended due to covid- 19 prior to the delivery of the recusal motion. 

- They also state “a judge need not disqualify himself merely because he is acquainted with the parties appearing before him”


- They also cited the Hague ruling from the superior court of Justice in Canada that was flawed when considering the best interest of the children.



The motion was denied based on the judge’s refusal to voluntarily disqualify herself and we are now left with a judge that we perceive to be unfair and no other option of change of judge. 




- >> This my friends is the face of ‘systemic injustice’ and the ‘silencing of abused women’. Even after mastering up the courage to disqualify a judge , it is not possible. It leaves one questioning truly, access to justice. 



Thanks to all who have signed and shared the petition. Please watch the video update and leave comments if inclined. 

Hope.