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CalAttorney2, Attorney
Category: Legal
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Experience:  Civil litigation attorney for individuals and businesses.
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. In Arizona Superior Courts( Pima County), May a judge participate

Customer Question

Hi. In Arizona Superior Courts( Pima County), May a judge participate in a hearing acknowledging the defending attorney is a pro- tempore judge as well? If so, if that same pro- tempore attorney sat in pro tempore for that same particular judge, would this scenario create legal issues?
Submitted: 2 years ago.
Category: Legal
Expert:  CalAttorney2 replied 2 years ago.
No. hearing arguments from an attorney that acts as a "pro tem" judge does not disqualify another judge from hearing an argument in the same courthouse. Most judges disclose this in an act of over-caution, but there is no inherent bias due to this.Judges would be disqualified from sitting on cases that are brought by attorneys that they are biased (either favorably or disfavorably towards) generally because they like them or dislike them for reasons that have nothing to do with the merits of the case or their professional conduct.But simply knowing one another, or even being friends, is not sufficient (on its face or by itself) to be cause to remove a judge from a case.If the judge acted biased in some other regard, then there may be an issue which would warrant further investigation, but the fact that this attorney acts as a pro tem alone is not an issue.