Legal Question in Family Law in California
The lawyer that is representing my ex-husband in a child custody case also serves as a substitute judge. In other words, the lawyer serves as a substitute judge in the same court that the lawyer argues cases in. Is this ethical? To me, this gives the lawyer an unfair advantage over anyone that is opposing her in court, which is what is happening to me. The lawyer has too good of a relationship with the judge that she often substitutes for.
1 Answer from Attorneys
Every lawyer who appears regularly in any court has a relationship, rapport and reputation with the judge. Serving as a judge pro tem is one of many ways a good reputation can be established, but it is of only slight relevance compared to the attorney demonstrating skill, knowledge and professionalism. It does not give an unfair advantage, particularly since the judge couldn't really care less if the attorney serves as a judge pro tem, other than having a vague general appreciation that the attorney helps the court with its workload. No decent judge lets their personal opinion of an attorney affect their rulings. The judge's opinion of an attorney's overall skills, credibility and knowledge is FAR more important, and even then all it is going to buy you is a little more consideration of your position, maybe a little extra collegiality or courtesy in the courtroom, etc. The judge will still rule on the facts, law and merits of the case, not the volunteer work a lawyer does. You don't say whether you are pro per, or represented. If you are pro per, and feel you are disadvantaged, that is the reason, not the relationship between the judge and attorney. Pro per's are the bane of judges because they don't know what they are doing and they muck up and slow down the court's business, often with things that any attorney wouldn't dare bring before the court. If you are represented and you think the judge is favoring the other attorney over yours, it's not because the other attorney serves as a substitute judge, but rather the judge has a low opinion of your attorney. In that case, ask your attorney why, or find another attorney.