Q: Can a judge file a civil lawsuit(not in their official capacity)against a party in the same jurisdiction the judge works
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- New Hampshire
- (877) 663-1007
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- Answered
A: In New Hampshire, if the judge is not a full time judge (i.e. a per diem judge), he or she may practice law and can file lawsuits on behalf of a client. The rules would require the judge not to practice in the division of the court that he or she serves in. Therefore, for example, a per diem or part time Circuit Court judge may file a lawsuit in Superior Court but not in Circuit Court. However, lawyers in his or her firm may be able to file in Circuit Court in a division or location other than where the judge regularly presides.
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- New Hampshire
- (877) 663-1007
- View Profile
- Answered
A: If the Judge is filing the civil lawsuit on his or her own behalf, these prohibitions may not apply as he or she has a right to litigate any wrongs against themselves. However, the case may get transferred to a jurisdiction where there is less of an appearance of conflict. Hope this helps.
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