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would there be any conflict of interest in a lawsuit where

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the presiding judge and the...
would there be any conflict of interest in a lawsuit where the presiding judge and the plaintiff went to the same church.
Submitted: 6 years ago.Category: Legal
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Answered in 5 minutes by:
7/1/2011
Lawyer: Barrister, Attorney replied 6 years ago
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 39,465
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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Hello,
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Not necessarily. The judge would have to disclose to both parties that he knows the plaintiff personally and then the defendant would have the right to request that he recuse himself from hearing the case if the defendant felt that them knowing each other from church could have an impact on the case. Typically though, the fact that the judge knows someone in a social setting would not rise to the level of making him unable to impartially hear the case and apply the appropriate law to the case.
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If they were poker buddies and played every week, it would be a much stronger argument and the judge would likely voluntarily recuse himself without being asked (or at least he should).
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thanks
Barrister

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Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes, depending on the level of complexity. But rest assured, I will get back with you as soon as I am able.

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If you need additional clarification on this question, just click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.

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Customer reply replied 6 years ago
well then in my lawsuit, I am the defendent a bank is the plaintiff represented by the president, whos also a loan officer. the judge owns a motel in our town. if it was financed by this same bank or if he was a customer of the bank would that be a conflict. I am pretty sure they are but havnt proved it yet.
Lawyer: Barrister, Attorney replied 6 years ago
I kind of doubt that an already existing loan relationship would rise to the level of being a conflict of interest. If the judge sat on the board of directors, it would be a different story as he could have a direct interest in the outcome of the case. But just a customer, I would opine that it wouldn't reach that level.
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If you can show a relationship, there is nothing that would prevent you from filing a motion asking him to recuse himself, but if he didn't I don't believe the judicial ethics commission would find this to be a conflict.
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thanks
Barrister

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.
Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes, depending on the level of complexity. But rest assured, I will get back with you as soon as I am able.

.

If you need additional clarification on this question, just click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.

Barrister
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