Legal Question in Real Estate Law in California

A person was both judge pro-tem and attorney for the plaintiff. How do we persue this confict of interest?


Asked on 3/02/13, 10:07 am

2 Answers from Attorneys

I cannot imagine that you are saying what it sounds like you are, that the attorney was judge and attorney for the plaintiff in the same case. No court in the state would allow that to happen. If what you really mean is that the plaintiff's attorney also serves as a judge pro tem in the same court on other cases, there is no conflict of interest at all. If there was a problem with attorneys who help the courts by serving as judges pro tem also representing clients in cases in the same court, there would be no judges pro tem at all, and the courts would be even more backlogged than they already are.

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Answered on 3/03/13, 10:26 am
Terry A. Nelson Nelson & Lawless

Impossible as stated. The judge could not come down off the bench and act as counsel in a trial.

If what you mean is that the judge previously represented one of the parties, or still does, in an unrelated case, then that is grounds for 'recusal' by the judge, meaning he is in a conflict and should not hear the case. If that is the situation, then you might have grounds for motions or appeals of the case. If serious about hiring counsel to help you in this, feel free to contact me to discuss the facts, and your rights and remedies.

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Answered on 3/03/13, 12:37 pm


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