Alicia tried to request for Judge Creary's recusal in the privacy of his chambers, but he declined. So Alicia had to publicly move for his recusal. Unsurprisingly, this didn't go over well with Creary. He refused to recuse himself. It looked like Will was ready to let it go, but Alicia stood her ground and then filed a motion for a substitution hearing. It was their right to transfer the matter to another judge. The case of the week then became a trial within a trial, as they tried to prove Judge Creary's bias. But their task wasn't going to be made easy for them, particularly when Judge Dunaway (Kurt Fuller) was assigned the case. (He had it out with Alicia when he appeared on the show last season.)
It quickly became a he-said/he-said case. Judge Creary denied he said any of the things Will was accusing him of, and he blamed the fact that Will was upset with the many objections that were sustained against him in court the previous day. What Will really needed was the testimony of Giada, who witnessed the whole thing go down. Will went to see Giada but preceded his favor request with expensive wine and sexy times. Despite their time together, Giada declined to testify because she didn't see an upside to crossing a judge. Will knew if he subpoenaed her she might not tell the truth on the stand anyway. Thanks a lot, Giada! (But also, Will, you should call a girl back if you say you're going to call.)
In an effort to find another witness, Cary went to a poker game and gleaned some information from Creary's law clerk, Randy. They put Randy on stand to prove that prior to the encounter in the bar, Creary had in fact called Will a liar and a thief. But Hellinger pointed out that many of the judges joked about Will's less-than-ideal suspension situation.
Running out of options, the group had to take the low road to discredit Creary. And they did that in the form of one of Creary's fellow Alcoholics Anonymous group members. Creary had returned to the bottle following his divorce, and had a history of blacking out after drinking. Judge Dunaway was disgusted by their tactics, and called the trial an angering character assassination of Creary. But regardless of his personal opinions, he sided with defense because they proved there was doubt about Creary's recollection of the night. Dunaway assigned the case to a new judge.
NEXT: Grace and Zach gets lines this week!