This is kinda complicated...I am asking this because I am scheduled to go to court against my ex next month. His grandmother used to be a victim's advocate for abused and battered women in the county where we will be attending court. She often attended court proceedings with them, and encouraged them to press charges against their abusers. At the time she provided these services for the abused the District Attorney at the county's courthouse was, let's call her, Jane Doe. Well, Jane Doe is now known as Judge Jane Doe. I recently discovered that she has been assigned to our case. Is this not considered a conflict of interest since she most likely worked with his grandmother occassionally? Can I ask my lawyer to file a motion for recusal?
2006-09-12 22:28:04 · 7 answers · asked by yates88_99 2 in Politics & Government ➔ Law & Ethics
Update...Just discovered that Judge Jane Doe lived 2 houses down from my ex's aunt for over 10 years. Also while serving as an asst. district attorney she fixed a traffic ticket for a City Council Member, and she didn't even work in the county where the ticket was issued. A Highway Patrol issued the council member a ticket for traveling 80 in a 55 mph zone. Jane Doe didn’t negotiate a plea on a lesser charge; she just made the ticket disappear. She cited that the council member's driving record was clean. But other motorists charged with going 25 mph over the limit are not given such lenience. In fact, her boss at the time said following the incident that, “the action she took in that case was clearly outside the parameters of what I would generally consider acceptable. We rarely just out-and-out dismiss speeding tickets, certainly not involving that sort of speed.” Is this not a reason to question Judge Jane Doe's impartiality, a most important virtue for any trial judge?
2006-09-15 06:46:10 · update #1
You can ask for a recusal. On the facts given I think it unlikely to be granted. You would have to show prejudice. Perhaps you could do a statistical analysis of her previous decisions in such cases, but even that would be a stretch. Good luck.
2006-09-12 23:13:52 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Crime Victim's Advocates are there to assist the victim. You should look online under your state's government website and possibly even under your State Prosecuting Attorney's Office for information and further direction. The laws vary by state. I am going through a Domestic case against my ex right now and in Michigan, the State's P.A. makes the decision to prosecute and assigns an advocate to assist. I have been working closely with the Assistant Prosecuting Attorney for Michigan.
My ex plead "No Contest", and later filed a Motion to Vacate his plea, leaving it to go to trial now. Once the jury reaches a decision, the judge will hand down sentencing based on testimony as well as the Probation Officer's recommendation. Again, this is for Michigan, state law varies. Hope any of this helps.
2006-09-19 15:06:33 · answer #2 · answered by sheree12675 1 · 0⤊ 0⤋
i would get a lawyer and make it a point to tell the lawyer in advance.
the lawyer might want to get a change of venue because of that, or he might want to try it anyway and then go for a change of venue.
as a d a, she should know what battered women go through and what the proceedings are. does she believe that your ex did the things that he did?
you never can tell how these things will turn out. i would talk to the lawyer about a change of judge because she is personal friends with his grandmother and that makes it a conflict of interest. she should excuse herself as judge and assign another judge. if she doesnt, i would suggest that your lawyer ask for one
2006-09-18 14:48:05 · answer #3 · answered by lodeemae 5 · 0⤊ 0⤋
By the info given I would say yes. "most likely " is probably what is going to hang you up. You probably should have stated this to your attorney sooner. If she is related somehow I don't think she can be your Judge Jane Doe. Keep checking on this even if somehow she does manage to stay as Judge. Just does not sound very in sync.
2006-09-12 22:40:35 · answer #4 · answered by Anonymous · 0⤊ 0⤋
District Attorneys are duty-bound to protect every citizen especially the abused and battered women. Lawyers took their oath to adminiter justice properly and give protection to those that need it.
2006-09-12 22:45:22 · answer #5 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
Yes, definitely conflict of interest. You can't even serve on jury duty if you know policemen, attorneys or judges in the case.
2006-09-20 16:44:19 · answer #6 · answered by twelfntwelf3 4 · 0⤊ 0⤋
you take an oath to protect women who are being abused by there husband and just tell her what you can do for her tell her about the house of ruth I don't know if you can link these but give it a try if not copy and paste
2006-09-18 04:39:43 · answer #7 · answered by Anonymous · 0⤊ 0⤋