Q: The opposing party's attorney is first cousins with the judge. Is this conflict of interest?
This is for a divorce case with children. We are now going in front of the judge as the magistrate just quit.
A:
Likely it is cause for disqualification. Ohio Jud. Cond. R. 2.11 states in material part:
(A) A judge shall disqualify himself or herself in any proceeding in which the judge's impartiality might reasonably be questioned, including but not limited to the following circumstances:
. . .
(2) The judge knows that the judge, the judge's spouse or domestic partner, or a person within the third degree of relationship to either of them, or the spouse or domestic partner of such a person is any of the following:
. . .
(b) Acting as a lawyer in the proceeding;
You may file a motion asking the court to appoint a visiting judge due to the compulsory disqualification as noted above. Good luck.
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