Can a judge me involved in a case in which he knows someone?

Question

If a judge personally knows a person who has been killed, should he hear the case?

Edward Blum · Answer

No.

Craig Elhart · Answer

It would depend on whether the judge's knowledge would create a bias or prejudice.  Just because he may know someone would not automatically remove him/her from the case.  Your attorney should review the matter to see if a disqualification motion is in order.

Jeffrey Pollock · Answer

That sounds like a potential conflict of interest and basis for possible recusal.

George Woodworth · Answer

Absolutely not!  Any such bench officer should disqualify himself on the basis that his sitting on case could involve questions of bias or prejudice or favoritism to a party, family,  friends. Judicial ethics require this Judge to remove himself to avoid even the hint of possibility that any such improper feelings or inclinations could result in injustice.

Paula Drake · Answer

The attorney should know how to file a motion to recuse the Judge; obviously the situation would present somewhat of an appearance of impropriety. Most Judges in that case would recuse themselves.

Jacob P. Sartz · Answer

Judges and courts deal with these issues on a frequent basis. Ultimately, it depends on the circumstances. Occasionally, judges will remove themselves on their own if they believe they have a conflict because of their prior relationship. Further, either the defense or prosecution may file a motion to remove the presiding judge if they believe there is a conflict. Ultimately, judges have policies and procedures in place to address these issues.

Thomas Tomko · Answer

It is possible for the judge to rule in the case.  Only where the judge is potentially bias will he/she have to withdraw.  Also, if there is an appearance of impropriety, then the judge should withdraw.  I hope that this was helpful.

James Schoenberger · Answer

If a judge knew someone who was killed and the person or their death is involved in the case, he or she should recuse themself.

Stephen Freeborn · Answer

It depends upon how well he knows the person,  but probably not.

David Ayer · Answer

A judge has a duty to recuse him/herself if the judge feels unable to be impartial. If an attorney knows of a reason a judge may not be impartial, such as personal knowledge of the deceased, the attorney should file a motion to have the judge recused from the case.

Samuel H. Harrison · Answer

No. A judge in that situation should ask another judge to be assigned to the case.

Kathryn Hudson · Answer

A judge must be neutral and not connected to the parties in a case he or she will be hearing. If the judge has personal knowledge or a personal relationship with the victim he should be recused from the case.

Steven Fairlie · Answer

My personal opinion is no, as it creates an appearance of impropriety, which is all that is necessary to warrant recusal.  Have your lawyer move to have him recuse himself.

Nicholas Belisle Lazzarini · Answer

If a judge has a personal relationship with a party or victim in a criminal case, he should recuse him- or herself.  An attorney can also assist you in preparing a motion to reassign the case to another judge, however, the decision to file such a motion must be carefully considered in the context of any case.

Cynthia Henley · Answer

Generally a judge should avoid any appearance of impropriety so the judge should generally have the case transferred to another judge if he knows the complainant. However, general knowledge of someone is not enough to require recusal.

Jared Austin · Answer

It depends to what extent the judge knew the person. If he was just an acquaintance, then it probably wouldn't matter. If the judge was good friends, colleagues, or a relative of a victim in a case then that is grounds for that judge to be removed from that case. Have your attorney look into the matter and if he believes it would be a conflict for the judge to sit on that case, your attorney can file a motion for the judge to recuse himself if he does not do so voluntarily.

Eric Sterkenburg · Answer

If a judge knows the victim of a crime on the case before him; he has the ethical duty to recuse himself and have another judge hear the case. If the case goes to trial having the same judge on may be the reason for a miss trial.

Harley Gutin · Answer

No.  The Judge should disclose the fact and then one or both sides can request he be recused (excused).  Or if you have knowledge of the relationship you (a party) can file a Motion to Recuse.

Jared Altman · Answer

No. He should not.

Mark R. Thiessen · Answer

Seems like a conflict to me.  You need to file a motion to recuse the judge.

Seth Schraier · Answer

Under the American Bar Association Model Code, judges are instructed to step aside not just when they are actually biased, but whenever the judges impartiality might reasonably be questioned. Some form of this rule exists in nearly every state.  Therefore, if the judge personally knows the victim in a criminal case, whether or not they believe they should recuse themselves, there is a reasonable basis to question the impartiality of the judge in the case, and ask that they step aside.

Wilson Lafaurie · Answer

It depends, however, the judge must make out a record in a public courtroom indicating the extent of the relationship.  The opposing side can take a position for or against allowing the judge to remain on the case.  Often, judges only create a conflict when they litigate a case and after rendering a decision, the losing side learns about the relationship (worthy investigator) and argues that "but for" the relationship they would have prevailed for their clients.

Michael J. Breczinski · Answer

Probably not if it will affect his judgment.

Philip Hache · Answer

No, if the Judge has personal ties to any of the parties involved, the Judge should recuse himself/herself from that case.  If that doesn't happen, have your attorney file a motion to have a new Judge hear the case.

Jaime Cowan · Answer

The judge should get off the case.

Robert Gigstad · Answer

No. If that situation were to arise, which does happen from time to time the judge should and would remove themselves from the case.

Jeff Yeh · Answer

Probably not. If someone simply brings it up, the Judge will probably recuse himself/herself.

Jonathan Willett · Answer

No, the judge should recuse himself.  If he does not, your attorney can file a request.

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