Where must an application challenging a judge be filed, and does it go to a court or to the judge directly?
General information · Not legal advice
Material to check
In practice material of this kind, we read the paper identifying the challenged judge's role, whether a judge of a collegiate court, a designated judge, a commissioned judge or a single judge, and the receipt or file stamp showing which court or which judge received the application, since the provision turns on that role.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading follows the provision's split: a challenge to a judge of a collegiate court is applied for at that judge's court, while a challenge to a designated judge, a commissioned judge or a single judge must be applied for at that judge directly, so the role recorded in the file decides where the application belongs.
Another reading notes that the provision assigns where the application goes and names these roles without settling who within the court receives one filed at the judge's court, or what follows if the application reaches the wrong destination, both of which the text leaves open.
Your judgment
If the file never records the challenged judge's role, how could that be shown from papers the court already holds?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change the roles it names or where an application is filed, or if a court decision explains what counts as applying at the judge's court.