QUESTION

Recusal question ? Can I undo for new case?

Asked on Feb 19th, 2022 on Legal Ethics and Professional Responsibility - Michigan
More details to this question:
I had a judge recuse herself because her husband owned the firm that represented the other side. That case is over and I want that judge to hear my new case. What law can you direct me to?
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1 ANSWER

Real Estate Attorney serving Bloomfield Hills, MI
Partner at Borman-Lahti PLLC
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Judges are supposed to avoid even the appearance of impropriety. Not only don't you want that judge sitting on your matter, neither does the judge: If the judge recused herself in the prior matter, they need to recuse in any matter involving you. The reason for this is that the judge does not want to be accused of retaliation against you if they were to take up the new matter and rule against you (rightly or wrongly). So having the judge not sit on the matter is in everyone's interest. best of luck to you
Answered on Feb 19th, 2022 at 11:52 AM

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