Q: Can a judge be removed for past representation as my lawyer?
I had a lawyer eight years ago for a child custody case with my first wife, which ended. I later remarried, had two children, and am now divorced from my second wife, with whom I'm currently battling custody. The lawyer from my first divorce is now the judge presiding over this trial. My ex-wife wants to remove the judge, citing a conflict of interest due to previous representation. Can she have the judge removed solely on this basis, even if the judge might not remember the past case?
A: She can certainly try. There are conflict rules and ethics opinions the judge must consider that may apply to the facts in your situations. In a "close call" I don't think many would fault a judge for recusing him or herself out of an abundance of caution.
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