what if your lawyer knows the judge personally

A judge need not automatically recuse or be disqualified if a lawyer or party in a matter before the judge is an acquaintance or friend: However, recusal or disqualification is necessary when the judge is in a close personal relationship with a lawyer or party in a matter, according to a formal opinion released Thursday by the ABA Standing Committee on Ethics and Professional Responsibility.

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Why did my attorney tell me not to show up to court?

Nov 03, 2015 · Posted on Nov 3, 2015. It can work both ways. If the lawyer is respected by the DA and the judge, he or she will know how to approach them in the best possible way to get you the results you want. On the other hand, there are the lawyers …

Why does the judge refer to a list of lawyers?

Even a judge who is not serving as the finder of fact (i.e., when the case is to be decided by a jury) cannot be fair and impartial if he or she has personal knowledge of disputed facts, because the judge's evidentiary rulings (in pleadings and motions made by the parties) may be influenced by that knowledge. This is especially true when the facts known by the judge are either not part of …

Are attorneys better than judges?

Jan 22, 2015 · You need to conatct and consult with a local family law attorney to provide more details, dates and copies of the court documents. The attorney can then analyze the situation and determine if the circumstances appear to be irregular and can offer advice on how to rectify the situation and move forward in obtaining your goals.

Can a judge be fair and impartial if he has no experience?

Sep 05, 2019 · a judge need not automatically recuse or be disqualified if a lawyer or party in a matter before the judge is an acquaintance or friend: however, recusal or disqualification is necessary when the...

What should you not say to a lawyer?

9 Taboo Sayings You Should Never Tell Your LawyerI forgot I had an appointment. ... I didn't bring the documents related to my case. ... I have already done some of the work for you. ... My case will be easy money for you. ... I have already spoken with 5 other lawyers. ... Other lawyers don't have my best interests at heart.More items...•Mar 17, 2021

What is a conflict of interest for a judge?

Some of the most common examples of a conflict of interest that would lead an assigned judge to recuse themselves voluntarily include situations in which: They have a familial relationship to one of the attorneys involved in the case. They have a possible financial interest in the result of the case.Aug 27, 2018

What if a lawyer knows his client is lying?

If a lawyer, the lawyer's client, or a witness called by the lawyer, has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal.

When should a judge recuse themselves from a case?

The Due Process clauses of the United States Constitution require judges to recuse themselves from cases in two situations: Where the judge has a financial interest in the case's outcome. Where there is otherwise a strong possibility that the judge's decision will be biased.

Can judges do whatever they want?

One such article in the California Law Review posits that judges are fiduciaries of the people and therefore have the power (akin to that of corporate directors) to do whatever is in the best interests of the people, even if that means disregarding precedents or statutes.

Can you complain about a judge?

What can you complain about? The Judicial Conduct Investigations Office can only look into complaints about the personal conduct of a judge. You cannot complain about a judge's decision or the way a judge has conducted a case.

What do lawyers fear the most?

Some of lawyers' most common fears include: Feeling that their offices or cases are out of control. Changing familiar procedures. Looking foolish by asking certain questions.Nov 1, 2015

Do lawyers have to defend the guilty?

A lawyer must provide a vigorous defence regardless of the crime their client is accused of or the evidence against them. The criminal justice system is built on the concept of a person being presumed innocent until their guilt is proved “beyond a reasonable doubt”.Jan 27, 2022

Can your lawyer lie to you?

Share: Everyone knows that lawyers are not allowed to lie — to clients, courts or third parties. But once you get beyond deliberate false statements, the scope of the obligations to truth and integrity become less clear.

What if judge is biased?

If there is a reasonable chance for the judge to be biased, the judge is supposed to recuse himself. This stems up from the principle laid down by Lord Hewart CJ in the case of R v Sussex Justices, ex parte McCarthy “Not only must Justice be done; it must also be seen to be done”.

What does recusal mean in law?

Primary tabs. Recusal means the self-removal of a judge or prosecutor because of a conflict of interest.

How do you force a judge to recuse himself?

A motion to recuse is a legal motion filed in court that says a judge should be disqualified, or removed, from a legal case for a reason listed within CCP 170.1. The motion can be brought by either a prosecutor or a defense attorney. And, a motion to recuse can be filed in either a civil suit or in a criminal trial.

What is a judge's relationship with a party?

Judge's Relationship to a Party or Attorney. A judge's fairness and impartiality may be compromised when he or she has had a business or professional relationship with a party or attorney. In cases where the judge was a party's business partner or attorney, as well as in cases where the judge was a member of a law firm representing a party, ...

What happens if a judge is biased?

If a judge is biased or prejudiced for or against a party or attorney, he cannot be fair and impartial in deciding the case. A party or attorney who believes such bias or prejudice exists must prove it with admissible evidence, and cannot base this belief on mere suspicion.

What is the principle of the American judiciary?

One of the key principles of the American judicial system is that the judge who presides over a case must be fair and impartial. In the vast majority of cases, the issue of the judge's fairness and impartiality never comes up. There are instances, however, when one of the parties in a civil case has reason to believe that ...

Can a judge be impartial?

Even a judge who is not serving as the finder of fact (i.e., when the case is to be decided by a jury) cannot be fair and impartial if he or she has personal knowledge of disputed facts, because the judge's evidentiary rulings (in pleadings and motions made by the parties) may be influenced by that knowledge.

Can a judge recuse himself?

In those situations, the judge will either recuse himself or the litigant will move to have the judge disqualified from presiding over the case. Let's look at some of the circumstances that may lead to a judge's recusal or disqualification.

Eric Carl Trosch

As others have said, with the limited amount of information here, it is difficult to fully analyze your situation. I would also recommend contacting a family law attorney in your area.

Mallory Ann Willink

You need to conatct and consult with a local family law attorney to provide more details, dates and copies of the court documents. The attorney can then analyze the situation and determine if the circumstances appear to be irregular and can offer advice on how to rectify the situation and move forward in obtaining your goals.

Bill Whittaker

Hire an attorney. If you cannot afford an attorney then start applying for legal aid.

What is the rule for a judge to preside?

In essence, Rule 2.11 (C) concludes that despite a situation where a judge’s impartiality might reasonably be questioned, the judge may preside with permission of the lawyers and parties if the judge does not have a personal bias or prejudice or personal knowledge of facts in proceeding.

Who rejected disqualification for pecuniary interest in a matter?

Eighteenth-century British jurist Sir William Blackstone rejected disqualification for such reasons and concluded a judge should be disqualified only for pecuniary interest in a matter. For many years, that was the standard in English courts, and courts in the U.S. followed suit.

What is the purpose of opinion 488?

The purpose of Opinion 488 is to elaborate on these examples. For example, the opinion notes that a judge must recuse or be disqualified when the judge has or pursues a romantic relationship with a lawyer or party in a matter. However, other “close personal relationships”—such as amicably divorced individuals who maintain joint custody—require ...

What is Rule 2.11 A?

But, in addition, Rule 2.11 (A) (2) specifies situations where “the judge knows that the judge, the judge’s spouse or domestic partner, or a person within the third degree of relationship to either of them, or the spouse or domestic partner of such a person is: (a) a party to the proceeding, or an officer, director, general partner, ...

Do judges have to recuse themselves?

Shutterstock. A judge need not automatically recuse or be disqualified if a lawyer or party in a matter before the judge is an acquaintance or friend: However, recusal or disqualification is necessary when the judge is in a close personal relationship with a lawyer or party in a matter, according to a formal opinion released Thursday by ...

What should a judge do when they learn of their assignment?

Thus, at the time a judge learns of their assignment to a case, the judge should review the facts of the case and decide whether there are any conflicts of interest regarding the case that would prevent them from being able to be impartial, ethical, and fair.

What can an attorney do to help you with judicial misconduct?

An experienced and well qualified malpractice attorney or criminal law attorney can help you determine whether or not you’re a victim of judicial misconduct. Additionally, an attorney can file an appeal on your behalf and help guide you through the process of getting your sentence or the entire case thrown out.

What is a recusal in court?

What is a Recusal? Recusal, also referred to as judicial disqualification, is the process of a judge stepping down from presiding over a particular case in which the judge may have a conflict of interest. Title 28 of the United States Code (the “Judicial Code”) provides standards for judicial disqualification or recusal.

Who was the lead counsel in the University of Texas case?

University of Texas Supreme Court case. In that case, Justice Kagan ’s former role as the Solicitor General combined with her knowledge of higher education admissions and connection with the original lead counsel, was enough for Justice Kagan to recuse herself from the case;

Do judges have to recuse themselves?

The official rule states that “[a]ny justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.”. Both federal and state law holds that judges must recuse themselves if there are grounds to do so. Depending on the circumstances, judges are subject ...

What does it mean when judges do not take personal attacks into account when making decisions or rulings?

If judges do not take personal attacks into account when making decisions or rulings that means the caustic words in your pleadings have no weight or value. The evidentiary objection for such attacks would be that they are irrelevant (and maybe lack foundation).

What to do if opposing counsel misstates an appellate opinion?

Example: If opposing counsel misstates an appellate opinion, and you know it is intentional, don’t call opposing counsel a liar.

Is personal attack allowed in court?

You must realize that from the court’s perspective, any form of personal attack is unacceptable and not permitted. Of all things judges complain about when reading lawyers’ papers, judges universally dislike lawyers using pleadings to throw rocks at each other.

Do personal attacks make a lawyer look bad?

Those lawyers take great pleasure knowing their personal attacks are now a matter of public record. Judges have universally agreed that personal attacks make the attacking lawyer look bad, not the attacked counsel. If you still want to litter your papers with rude and offensive attacks against your opponent, go ahead.

Do you attack warrants a response from you?

No attack warrants a response from you. Don’t be baited into slinging mud back at opposing counsel. The court does not know “who started it” nor does the court care. All the judge sees is, “Here are another two lawyers in a pissing match.”. Don’t sink to bellicose counsel’s level and respond in kind.

Can you let out anger in the office?

To be sure, letting out feelings of anger, dislike, ridicule or mockery can be amazingly therapeutic. However, what is said in the office must stay in the office. Just because your office colleagues and staff listen and agree with your comments, don’t be tempted to include a few zingers in your pleadings.

Is calling opposing counsel a prevaricator offensive?

An attack is an attack. You might think calling opposing counsel a prevaricator 1 will not sound as offensive as calling counsel a liar. But do you really think the judge will conclude, “Oh, calling someone a prevaricator is acceptable, I just don’t like seeing the word liar in pleadings.”.

Why did Donna Schuler ask Judge Kent to recuse himself?

Donna Schuler, also a divorcing mother in Suffolk County, asked that judge Kent recuse himself from her case in 2011 after claiming his unwarranted delays and stalling had drained her financially. Schuler was also rebuffed when she asked the commission to step in and remove Judge Kent from her case.

Who bullied lawyers?

Some of the best-known cases involve judges who ultimately did suffer consequences for their behavior, including Texas judge Christopher Dupuy, who bullied four lawyers who filed conflict-of-interest recusal motions between 2011 and 2013.

What is the privilege of the Supreme Court?

In fact, US supreme court justices enjoy a special privilege: they are the only judges exempt from the federal Code of Conduct, which demands judicial impartiality and prohibits a jurist from presiding when he or she has “a personal bias concerning a party to the case”.

Did Texas remove a judge?

Colorado’s lone judicial action since 2010 was a suspension in 2013. Texas has not removed a judge in five years , though it has suspended 23 for varying lengths of time.

Do in-laws have to be in bed together?

They might be in-laws. Occasionally they are literally in bed together. While it’s unavoidable that such relationships will occur, when they do create a perception of bias, a judge is duty-bound to at the very least disclose that information, and if it is creates an actual bias, allow a different judge to take over.

Did Stuart Besen call Kent?

Kent didn’t call. And Stuart Besen did not respond to messages left at his office. Scott L Cummings, a professor of legal ethics at UCLA law school, said the case raised “significant ethical red flags”, because of the judge’s wife’s alleged involvement in offering the Besen family home for sale.

What happens if an attorney liases with your spouse?

If an attorney manages to liase many or all all your issues, then you have already lost, especially if they have told you not to talk to the spouse and they have served their purpose by fait accompli. If it comes down to money, you have lost, that is the level of basic understanding marriage has become for males.

What happens if you appeal a family court decision?

If you do decide to appeal the decisions of the family court, the Supreme Court, no less, will very likely uphold and support the malfeasance of the family court because the antics of the lower court personnel mirror those of the Supreme Court. I bet the family court personnel have recognized this and are busy minting.

Do judges know the laws in Florida?

And your are right, the judges dont know the laws and/or the Florida Statutes, so no one should take for granted that they do. But the reality is,,they dont know them because they dont have to know them, because they just fly by the seat of their pants and there is no one to check them.

Did the gal investigate any of the leads I gave him?

The gal did not investigate any of the leads I gave him. The magistrate had a stay for seven months. And the clerk of courts refused to send out the subpoenas. The clerk of courts told my attorney’s staff they were to short of staff to fax the subpoenas over my attorney’s office the day before the trial.