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PhillipsEsq
PhillipsEsq, Attorney-at-Law
Category: Criminal Law
Satisfied Customers: 19296
Experience:  B.A.; M.B.A.; J.D.
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Last week I went to court with what I thought was a deal in

Customer Question

Last week I went to court with what I thought was a deal in hand, municipal court, worked out with my lawyer and the City Attorney.
To my dismay the judge and my lawyer had history as fellow defense attorneys and there was real bad blood. My lawyer said we would ask for recusal if she was assigned to the case. He said this to me much earlier implying that she was tough on DUI....when the real issue was bad history between these two. She was waiting for our arrival as I am his last client before retirement. She reamed him in court and now I do not know if this will have or could have any impact on my case. I will be called into testify in an ethics violation hearing by the board.
He did not file within ten days from my original court date and instead pulled out the document at the time of our hearing. The judge slammed my attorney with ethics violations and now I have a hearing next month with one of my now former lawyers colleagues and the same judge.
The judge stated that this would have no impact on the deal we reached (tossed out wreckless driving and failure to the duties and convicted on DUI).
Do I have any recourse here?
Submitted: 1 year ago.
Category: Criminal Law
Customer: replied 1 year ago.
State of Oregon, Municipal Court in Salem, Judge is the only elected one a the Municipal level....two others are pro tem and it's not a court of record.
Expert:  PhillipsEsq replied 1 year ago.

Based on the information that you have provided here, you do not have additional recourse since the Judge has already filed complaint against your Attorney and has assured you that the deal is still on. So, your case is not prejudiced because of your Attorney's failure to act on time or his prior history with the Judge. Also and more importantly, it would be unethical for the Judge to penalize you because of her prior dealing with your Attorney. You can file complaint against the Judge if you are penalized because of your Attorney. Click on the links below for more information on Oregon Commission on Judicial Fitness:

http://courts.oregon.gov/CJFD/docs/040105RevisedComplaintForm.pdf

http://courts.oregon.gov/CJFD/Pages/complaintprocess.aspx

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