Gaithersburg, MD asked in Divorce for Maryland

Q: Is there a conflict of interest in a case in which a pro se learns the other side's attorney is a judge on the same

court as the presiding judge? No mention was made before/during the trial.

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1 Lawyer Answer
Pawnee A. Davis
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Answered
  • Bethesda , MD
  • Licensed in Maryland

A: When I evaluate what you said, the question hints at potential bias because the presiding judge and the opposing counsel (also a judge) are friends or know each other. If there is bias present in the judge’s decision making there could be a conflict of interest in which the judge ‘s decisions are prejudiced. You may decide to file a motion for recusal if there is evidence of the bias.

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