you are absolutely correct, you do have that right..but i have a feeling it wont make a difference. i hope i'm wrong and you get a favorable judge. That was a very unfair situation for you but just because the system may be at fault for something, doesn't mean they'll fix it...even if the new judge wanted to he may not be able to.
Just as an afterthought i read this article on a law firm website a couple years ago that kind of shows how one sided the law can be. Here
start reading at the paragraph that starts with "joe beermeister"