QUESTION
Is it a conflict of interest if the judge who has signed 4 orders on my custody case was my ex's attorney for a criminal case in 1998?
Asked on Feb 17th, 2014 on Child Custody - Rhode Island
More details to this question:
If so can I ask that the orders signed by said judge be voided?
5 ANSWERS
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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You could have done it at the first hearing or after the first order was signed. It seems a little late now. The other question is whether his conflict of interest had an adverse impact on you.
Answered on Feb 24th, 2014 at 5:20 AM
Bruce Provda
That would probably not be considered a conflict of interest unless they have had any more recent business together.
Answered on Feb 21st, 2014 at 6:38 PM
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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It is matter that should have been disclosed prior to the Judge hearing the custody case. If you knew about the prior conflict, then you could have asked for the Judge to recuse him or herself. Most likely you can only move to have the orders vacated if you just learned about the conflict after the orders where made.
Answered on Feb 21st, 2014 at 6:36 PM
4 Awards
It may be a conflict of interest, but not against you. It would only be a conflict for your ex, who would have the right to consent or refuse to consent to the judge hearing your case. Since there is no conflict with you, you have no standing to request the judge be removed or the orders voided.
Answered on Feb 21st, 2014 at 6:21 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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It could be, but did you ask the judge to recuse himself? Also, you are talking about 16 years since it happened. You can always ask but I don't think you will get very far with it.
Answered on Feb 21st, 2014 at 6:15 PM