Santa Rosa, CA asked in Civil Litigation, Civil Rights and Constitutional Law for California

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??

1 Lawyer Answer
Louis George Fazzi
Louis George Fazzi
  • Civil Rights Lawyer
  • Jess Ranch, CA
  • Licensed in California

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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