Legal Question in Family Law in Indiana
Does Judge have a conflict of interest?
My ex was ordered by a Judge to pay half of our daughter's college expenses. First took him to court five years ago and still have no decision from the Judge. Within the last year, the Judge has retired and gone into private practice but is still hearing my case. He has now been retained by my ex daughter-in-law in a custody case against my son. He has discussed my case with her and even brought up the subject of taking my grandparents rights away from me for some reason. What rights do I have and does he have a conflict of interest?
3 Answers from Attorneys
Re: Does Judge have a conflict of interest?
In Indiana, you complain about judicial misconduct to the discliplinary commission arm of the Supreme Court. This office is located in Indianapolis. This conduct is very unusual for most cases. Judges have 30 to 90 days to rule on their cases or you can apply for removal of the judge.
Re: Does Judge have a conflict of interest?
File a girevance with the Judicial Tenure Commission. It may be difficult to prove what was discussed due to attorney-client privilege. However, there may be an appearance of an impropriety. My guess is that it may be difficult to prove this allegation. Bill Stern
Re: Does Judge have a conflict of interest?
Clearly, you have a mess on your hands. You don't mention a lawyer involved, and that's probably why this hasn't been resolved. Retain counsel right away and get this case transferred to an active judge as soon as you can, so that it can be resolved. There is no way a retired judge in private practice should have been permitted to retain jurisdiction over your case.
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