If you found out the person suing you and her attorney had connections to the judge, would you have any doubt as to his ability to remain impartial?

Yes or No, being aware of these facts would you entertain a doubt as to the judge's ability to be impartial?

Facts: You have been sued.  You later find out the person suing you is the judge's former client.  Her attorney suing you was the judge's legal assistant, associate and later partner to the Judge's father at their small family firm.  The attorney and judge co-instruct a class together at a local law school.  The judge did not disclose this information to the parties.

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Answers (1-10)

Mike,

It would really depend on the nature of the connections and anything else I know about the judge and attorney in question. Professional connections (membership in attorney organizations, bar organizations, etc.) would not bother me. If the judge was a prior member of the attorney's firm, thats a little more concerning. If the judge and attorney, or judge and client, are in business together, I would definitely challenge the judge. 


Best,


John Rueppel

In most instances I would say, "No, I do not worry about judges being biased against me.". Contrary to what some may think, most judges do their damnedest to be sure they don't show favoritism. Because of this some times they are harder on the side they know. I said, "in most instances", because there are some judges I have learned not to trust. I have learned not to trust a judge who would not disclose such an obvious conflict of interest. Then again, this non-disclosure may be good for my client as it gives us an almost automatic appeal & new trial if the trial doesn't go our way. Because of this I would object and voice my displeasure as soon as I found this out, but hope the case would still proceed.

While the judge could potentially be impartial, the fact that the judge did not disclose this information proves he/she is partial and should have recused him/herself.

The judge sounds like he is hopelessly conflicted. You should move for recusal. If they judge refuses to recuse then take an appeal. 

I am a believer that a judge, true to his/her oath, will go out of his or her way to be impartial and I do not easily jump to positions that question their impartiality.  But in a case where there is non-disclosure of the ties posited in the hypothetical, I believe it would be my professional obligation to raise the issue by motion to recuse at the outset of the proceedings.  Some would question the advisability of risking the judge's ire, but it is always in the client's best interest to have an impartial trier of fact and the attorney's job to assure the client gets that opportunity.

Possibly.  The fact that it was not disclosed and it appears to be a close connection may be enough that you can seek to have the judge recused.  

The judge should have disclosed this and recused himself.  I would have have an issue


Depending at the amount of time that had transpired since the relationships existed, I would certainly raise the likelihood of bias, and if it was a recent series of events (say within a year or two) then a motion to recuse might be an option.

That's a conflict in my opinion and the judge is required to recuse himself. If he doesn't, ask him on the record why he refuses to do so. 

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