QUESTION
In a divorce what if the magistrates mother is a patient of my husband whom I’m divorcing isn't that a conflict of interest?
Asked on Sep 16th, 2013 on Divorce - New York
More details to this question:
I am in a divorce in a small town. My husband is a doctor and the magistrate handling the case her mother has been a long time patient of his. Isn't that a conflict of interest?
7 ANSWERS
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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It may be. You should file a Motion for Recusal.
Answered on Sep 17th, 2013 at 8:04 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Generally that would not be an actual conflict of interest.. only a perceived one.
Answered on Sep 17th, 2013 at 8:04 PM
Not if the Magistrate can be impartial.
Answered on Sep 17th, 2013 at 8:03 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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It may be. I suppose it wouldn't hurt to ask him to recuse himself.
Answered on Sep 17th, 2013 at 8:03 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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I would ask that the magistrate recuse himself.
Answered on Sep 17th, 2013 at 8:03 PM
Bruce Provda
This could be considered a conflict issue. Your attorney could make a motion that this magistrate recuse themselves and another magistrate be appointed to the case.
Answered on Sep 17th, 2013 at 8:02 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You can bring it up, but most probably not.
Answered on Sep 17th, 2013 at 8:02 PM