QUESTION
Can an appeals court judge hear the appeal of a trial they presided over as a trial court judge?
Asked on Aug 22nd, 2011 on Criminal Law - California
More details to this question:
If a trial judge becomes an appeals court judge, can he or she hear the appeal of a trial they had presided over as the trial court judge?
21 ANSWERS
He definitely should not.
Answered on Jul 03rd, 2013 at 10:20 PM
Criminal Attorney serving Bellingham, WA
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Andrew Subin Attorney at Law
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No, he or she should recuse themself.
Answered on Jun 11th, 2013 at 1:57 AM
Jacob P. Sartz
That's an interesting question. You'd need to consult with an appellate attorney to determine whether a motion to disqualify the appellate judge would be appropriate under the circumstances. You could potentially have a good faith basis to make that motion depending on your particular circumstances.
Answered on Aug 31st, 2011 at 2:17 PM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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No, the trial judge cannot be the appeal judge over the same matter. I hope that this was helpful.
Answered on Aug 25th, 2011 at 2:30 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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I don't think so. No. That seems improper. He or she must bow out on that one.
Answered on Aug 25th, 2011 at 11:00 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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No. A trial court judge can hear motions to reconsider, but not an appeal. An appeal is generally heard by a higher level court. Consult with an attorney.
Answered on Aug 25th, 2011 at 8:56 AM
No. If the judge was the trial judge, he/she could not be a member of the panel hearing the appeal.
Answered on Aug 24th, 2011 at 6:11 PM
Roianne Houlton Conner
No. The judge should recuse his or her self.
Answered on Aug 24th, 2011 at 5:31 PM
3 Awards
No. The judge will recuse himself.
Answered on Aug 24th, 2011 at 5:06 PM
The answer is no unless, the appeal is some type of motion for reconsideration or collateral attack on the conviction.
Answered on Aug 24th, 2011 at 4:46 PM
Criminal Defense Attorney serving Seattle, WA
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The Law Office of Michael Morgan, L.L.C.
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An appeals court judge has great discretion in whether to recuse themselves but it would not be appropriate for an appeals court to review a case in which they served as a trial court judge.
Answered on Aug 24th, 2011 at 4:11 PM
General Litigation Attorney serving Shelby Township, MI
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Law Offices of Jeffery A. Cojocar, P.C.
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Typically no, they recuse themselves.
Answered on Aug 24th, 2011 at 3:58 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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They should be duty-bound to recuse themselves in that situation. To hear the case on appeal would be a conflict of interest.
Answered on Aug 24th, 2011 at 10:59 AM
Michael J. Breczinski
No he would have to abstain from deciding that case.
Answered on Aug 24th, 2011 at 10:40 AM
2 Awards
I won't get technical, the answer is NO an appeals court judge cannot be part of a panel on a case where they were the presiding judge at trial.
Answered on Aug 24th, 2011 at 10:30 AM
Likely no, but the attorney must file a motion for the Judge to recuse himself/herself.
Answered on Aug 24th, 2011 at 9:30 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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No. There would be a conflict and the appellate judge would abstain from being on the panel or voting on the case over which s/he presided.
Answered on Aug 24th, 2011 at 9:27 AM
The appellate court judge will likely recuse him or herself from the matter on appeal.
Answered on Aug 24th, 2011 at 7:01 AM
3 Awards
That seems like a conflict of interest. I would assume that it would be impossible to have an objective view of the courts decisions in that situation.
Answered on Aug 24th, 2011 at 6:27 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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That would require recusal of the judge, if accidentally assigned that judge. A case would never be assigned to the same judge.
Answered on Aug 23rd, 2011 at 8:03 PM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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No, they will recuse themselves.
Answered on Aug 23rd, 2011 at 7:47 PM