can a Family Court lawyer that is running against the family court judge in election, go through with a family court hearing?
State/Country relating to question: West Virginia
asking, but no one is sure.
Hello. My name is XXXX XXX I will be happy to answer your question.Can you please explain whether this is your attorney or an attorney for the other side?
Thank you for your follow up.Do you or your attorney feel that the current presiding judge might be biased or unfair due to this election and the fact that your attorney is running against this judge?
yes, i do and my lawyer didnt inform me.
Thank you for your follow up.While, there is a potential conflict of interest and also potential bias, you would need to voice your concerns to your attorney and to let your attorney know that you are seriously concerned about this situation and would like to see if it is possible to get the current judge recused based on this potential conflict of interest / bias.Unfortunately, this is not an automatic process and it would have to be requested by your attorney for this judge to be recused and it will be up to this judge whether to recuse himself upon your attorney's motion and at least if the judge refuses to recuse himself and acts with prejudice or bias toward you, this could be brought up on appeal.
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