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I am in the middle of a case where the opposing council sits on panels with the judge who claimed jurisdiction, is this legal?

2006-08-19 07:11:23 · 2 answers · asked by Anonymous in Politics & Government Law & Ethics

okay, I mean they(judge and attorney)sit on the panel for family law together for the last four years. This judge has now claimed jurisdiction of this case where the child is being abuse and she refuses to listen because the child is three. By the way, it is the father's attorney who has relationship with the judge.

2006-08-19 07:28:42 · update #1

2 answers

It depends on what you mean by "sits on panels".

There is nothing that prohibits lawyers and judges from interacting socially, or in ways that have nothing to do with a current legal case. So, if the judge has previously worked with one of the attorneys on an unrelated matter, that doesn't create a conflict of interest that would require recusal.

Potentially, even continuing to work on some unrelated project would not create an actual conflict. However, most state ethics codes require judges to avoid even the appearance of impropriety. So, if the judge were working too closely with one party's attorney during the proceedings, the other party might have valid cause to question the appropriateness of that conduct.

If your attorney thinks there is a significant risk that the judge might be violating one of the ethical rules, the attorney could always respectfully ask the judge to recuse himself (withdraw) to void the appearance of impropriety. Or at least ask the judge to minimize contact with the opposing attorney during the case.

Questioning a judge's ethics is a risk thing, however, as they often take offense at the suggestion that they are not being impartial. It can often backfire against the other party, and should not be undertaken lightly.

2006-08-19 07:24:14 · answer #1 · answered by coragryph 7 · 0 0

yes,,, sure

2006-08-19 07:19:36 · answer #2 · answered by Anonymous · 0 0

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