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Can you appeal a case if you believe there was conflict of interest by judge and other party in a case?
Yes, you can appeal a case if you believe there was a conflict of interest involving the judge or the opposing party. To succeed, you typically need to provide evidence demonstrating how the conflict affected the fairness of the trial or the judgment. It's important to follow specific legal procedures and deadlines for filing an appeal, as these vary by jurisdiction. Consulting with an attorney experienced in appeals can help assess the strength of your case and guide you through the process.
What else can I help you with?
Can the same judge presiding over a case hear the case on appeal Is this a conflict of interest if the appeal is based on lack of notice. notice was returned to the court but not recorded?
No, the same judge who presided over the original case typically cannot hear the appeal, as it could present a conflict of interest, particularly if the appeal involves issues like lack of notice, which directly pertain to the judge's prior rulings. The appeal process is designed to provide a fresh perspective and ensure fairness, which could be compromised if the original judge were involved. In such cases, a different judge is usually assigned to ensure impartiality and uphold the integrity of the judicial process.
Can a lawyer or party object to a particular judge hearing a case?
Anyone can object, however getting the change is another thing, unless you can prove a clear conflict of interest.
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.
What actions can you take if you believe a judge is biased in your case?
If you believe a judge is biased in your case, you can request the judge to recuse themselves, file a motion for disqualification, or appeal the judge's decision. It is important to provide evidence of the bias to support your claim.
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 if your county judge is biased?
With no intention of sounding cynical, they are all biased in some ways, just for being people. It is hoped that to the best of their ability, they set aside their biases. It is also hoped that their biases are "normal", as opposed to some kind of hateful racial bias. You have some things you can do. Your best bet is to not have anything to do with the judge, which means that you should break no laws and not be in any kind of legal conflict with anyone. If that's not possible, then you could always appeal his decision, though that can only be on certain grounds. Ultimately, you could move.
What job might a lawyer have on the side that may be a conflict of interest?
judge, police officer, drug dealer.
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.
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.
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.
