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Brandon M.
Brandon M., Counselor at Law
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A Hudson County Superior Judge was friends with the Plaintiff

Resolved Question:

A Hudson County Superior Judge was friends with the Plaintiff in a criminal court case in 1996. The defendant was charged with robbery and the Plaintiff lied claiming more was stolen than really was. Shouldn't the judge have disqualified herself?
Submitted: 8 years ago.
Category: Legal
Expert:  Brandon M. replied 8 years ago.

HiCustomer

 

the nuances vary by state, but a judge is suppose to disqualify himself/herself where they have a business relationship, a financial interest, or a familial relationship with a party or attorney. There is no prohibition against the judge presiding where a friend is a party, but a judge is suppose to disqualify himself/herself where he/she believes there is a substantial doubt as to his or her capacity to be impartial, or where a person aware of the facts might reasonably entertain a doubt that the judge would be able to be impartial.

 

So, should the judge have disqualified himself or herself? You are the person aware fo the facts, so you would be the one to tell me, but it sounds like the potential need for disqualification was there. Best of luck.

 

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