0
Can you appeal a case if you believe there was conflict of interest by judge and other party in a case?
Wiki User
∙ 15y agoWant this question answered?
Be notified when an answer is posted
Add your answer:
Earn +20 pts
Can a lawyer or party object to a particular judge hearing a case?
Yes, a party can file a "motion to recuse" a judge if they believe the judge is biased or there is a conflict of interest. The decision to recuse the judge is typically made by another judge.
If your attorney and the judge for your case are co defendants in an unrelated separate trial is this a conflict of interest?
If a judge and a lawyer are under trial, they shouldn't be practising. You can probably apply for a mistrial or something, under conflict of interest or incompetency.
Who do you contact if a judge does not recuse?
If the judge fails to recuse themselves, you have little recourse except to appeal the verdict if you believe that the judge was biased in their conduct of the trial or the verdict.
What job might a lawyer have on the side that may be a conflict of interest?
judge, police officer, drug dealer.
What if your county judge is biased?
If you believe your county judge is biased, you can request a recusal, which means asking them to step down from the case due to a perceived conflict of interest or bias. You can also appeal the judge's decision if you believe it was made unfairly due to bias. It's important to gather evidence of bias and consult with a legal professional for guidance on how to proceed.
Are there any circumstances in which a plaintiff in a civil matter can ask a judge to recuse him or herself?
Anytime a judge has a conflict of interest in a lawsuit he should recuse himself. Reasons a plaintiff can ask for recusal include the judge is related to, is a friend of or a business partner with defendant. Or if the lawsuit is against a company the judge has invested in and a judgment against the company might harm his investment. Or that the judge had worked with defendant's law firm or been partner's together. Or that there had been some altercation or disagreement between plaintiff or plaintiff's lawyer and the judge do that it might appear that the judge would be prejudiced against the plaintiff. Lawyers and judges are expected not only to avoid improprieties like those but also to avoid even the appearance of impropriety. This means that even if an investigation into an alleged conflict of interest shows no actual conflict of interest, the judge should probably recuse himself if it appears to be a conflict.
Are there any circumstances in which a plaintiff in a civil matter can ask a judge to recuse him- or herself?
Anytime a judge has a conflict of interest in a lawsuit he should recuse himself. Reasons a plaintiff can ask for recusal include the judge is related to, is a friend of or a business partner with defendant. Or if the lawsuit is against a company the judge has invested in and a judgment against the company might harm his investment. Or that the judge had worked with defendant's law firm or been partner's together. Or that there had been some altercation or disagreement between plaintiff or plaintiff's lawyer and the judge do that it might appear that the judge would be prejudiced against the plaintiff. Lawyers and judges are expected not only to avoid improprieties like those but also to avoid even the appearance of impropriety. This means that even if an investigation into an alleged conflict of interest shows no actual conflict of interest, the judge should probably recuse himself if it appears to be a conflict.
Are judges and magistrates legal practitioners?
They were, but once they become a judge they are not allowed to practice law since it would be a conflict of interest.
Who gets an appeal and why?
the judge
Is it a conflict of interest for the judge in a probate case to have gone to college and are fraternity brothers with a case party?
Yes. If the case is adversarial the parties should request it be transferred to a new judge.
If the judge knew the plantiff in a divorce can the defendant file for a retrial dur the the conflict of interest?
The judge also knows both attorneys. Simply knowing someone is not the issue. It's whether they have a personal or professional relationship. Is there something about the decision that has the appearance of conflict?
Should Judge Chris W Altenbernd of the Second District Court of Appeal be retained?
Different people will have different opinions. I believe he is a fair and honest judge, so he should be retained.
