Q: Hi, I was recently involved in a civil trust litigation case. My oppositions attorney worked for the judge sitting the
The opposition's attorney previously was employed by the judge sitting the case law firm. The judge owns and worked at his firm before he became a judge. Is this a conflict of interest??
A: You may want to request the judge recuse himself from hearing the case, due to the appearance of a conflict of interest. You should discuss this with your own attorney, who must decide within 15 days of notice of the assignment of the case to that judge whether to strike the judge pursuant to Code Civil Procedure § 170.6. Your side of the case only gets one chance to do that, and the challenge to the judge must be made as soon as you learn of his assignment to the case.
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