Q: Judge in criminal case is friends with opposing side, pictures available, recusal motion filed.
I am involved in a criminal case where the judge, who has continued the case for three years with no end in sight, is friends with the opposing side. We have pictures of them together at a Braves game. Formal motions for recusal have been filed, and there is a hearing scheduled for tomorrow. How should I proceed with presenting this information to ensure a fair trial?
A: Judges are to ensure fairness and stay away from the appearance of impropriety. If you are the defendant and you feel like the Judge's behavior has been unfairly prejudicial, you are right to raise the concern. However, most lawyers and judges know each other and often know each other very well. When you practice long enough, you make connections with people who are handling cases in your courtroom. If you cannot point to something the Judge did that unfairly prejudiced you, then the recusal motion may be denied.
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