Q: Can a judge sign an arrest warrent when he is a relative to someone involved in said case.
A: Yes, a judge who is related to someone involved in a case can sign an arrest warrant in the case. Would I do it if I was a judge: Absolutely Not...No Questions Asked. There is nothing illegal with a judge signing a warrant in this situation. But why create even the impression of impropriety? The judge is only looking for trouble and it could effect the case down the road. Especially when I'm sure there are plenty of other judges in the jurisdiction to sign the warrant so there is no appearance of a bias or motive on the part of the judge.
I'm assuming the judge knows the victim as its unlikely that he/she would sign a warrant causing the arrest of a relative. If that's the case, it's likely to cast a shadow over the case & make others wonder, "Did the judge sign that warrant just because the victim was his/her relative and if it wasn't a relative he/she wouldn't have signed it?" There would be no reason for a judge to put him/herself in that situation intentionally.
If I can be of further assistance, please don't hesitate to contact me.
Brian M. Fishman
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