Legal Question in Criminal Law in Georgia

If a judge admits in the court room that he has known a victim since they were 16 and went to see the victim in the hospital, should he continue to preside over the trial that the defendant is being charged in? If not, what does Georgia law says about this?

Tx.


Asked on 3/04/12, 1:34 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Since you mention nothing about the type of trial or specific facts (or what objections were made) all I can assume is that you posted a school homework assignment, which is not allowed on Law Guru. Law Guru is for your actual legal problems.

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Answered on 3/04/12, 3:40 pm
Lawrence Lewis Lawrence Lewis, P.C.

If a judge has known a victim and went to visit the victim in the hospital, the judge should probably remove himself from the case. However, the judge is not stupid. If the judge really wanted to remain on a case that he should remove himself from, he would never announce in open court that he knows the victim and visited the victim in the hospital. The only way I can imagine that a judge would announce in open court that he knows the victim is IF the judge is giving the attorneys an opportunity to voice their objections to him remaining on the case. If the judge divulges his relationship to the victim in an open and candid manner, and the attorneys have no objections, then the judge can remain on the case. GA law does not specifically address this fact pattern. Educated people move in thoughtful and intelligent ways. It is the benefit of being educated. Similar to you having a driver's license, but not everything you encounter on the road will be addressed in the book. See wesbite for more answers: www.lawrencelewispc.com

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Answered on 3/04/12, 6:55 pm


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