Q: What qualifies as a conflict of interest for a judge?
My child support modification was recently transferred to a new judge. I have represented myself up until this point but the judge just ruled against child support. Before this judge took over the previous judge had already said child support would be modified and I proved a change of circumstances. He did not rule on the amount before the case was transferred, so I have now had to file a motion to reconsider because I do not understand how she would feel differently than the previous judge. Now that things have gone this far, I am looking at retaining an attorney and the one I want to represent me is from the law firm that the new judge worked at before becoming a judge in January. Is this a conflict of interest? Does the attorney have to refuse to represent me? Is is something that would call for recusal of this judge, so that it would be moved to a different judge?
A: If the judge is not involved in the daily case activities of the former firm, then this would likely not be a conflict of interest situation. The judge has a duty to be impartial and their former employment should not play a part in their ruling. However, if you feel uncomfortable, you may exercise your one-time peremptory challenge but it must be done within 10 days from the notification of the hearing. The time to do this is very strict.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
