Legal Question in Legal Ethics in Arizona

Can a judge be unbiased in a case where she has previous history of sentencing the defendant for prior crimes? Example: A woman is arrested for shoplifting and pleads guilty to Judge John Doe.. Will the woman receive a fair and unbiased trial from Judge John Doe if she later is charged with another offense which she pleads not guilty to?

I am only speaking in terms of civil court. Thanks


Asked on 6/20/12, 1:11 am

1 Answer from Attorneys
Joyce Johnson-Stovall Johnson Stovall and Associates PLLC

Judges have access to the criminal records of all defendants... this judge probably uses the criminal records as a part of the sentencing guidelines after the trial in a criminal case but I think the judge will still require that the prosecutor prove the case beyond a reasonable doubt. Judges are human but they understand the requirements of the law and if the defendant has concerns, perhaps she should request a change of judges. If the judge is in civil court, the burden of proof is different, but evidence of prior crimes that involve dishonesty may factor into the case on the issue of whether the party is honest.

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Answered on 6/20/12, 7:23 am


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