Legal Question in Family Law in Maryland

Ethics of a Circuit Court Judge

Can the judge make hatefull and uncalled for remarks during a custody hearing? Example: I would have put my foot up his but. You have poisioned their minds. Keep in mind that this is only hearing one side and their statements were not proven at all. Several people in the court room heard these comments several times. Grant it, it is his court room, but he hasn't heard both sides. He's basically condeming the person's guilty before even being heard from.


Asked on 12/17/99, 7:18 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: Ethics of a Circuit Court Judge

Since you didn't provide any specifics as to what took place at this hearing, I can only answer your question generally. The judicial code of conduct advises a judge not to make intemperate remarks during a court proceeding, nor should he/she exhibit any bias or favoritism for or against either party. Unfortunately, judges are human too, and the type of conduct you described will happen from time to time. The truth is judges rarely get sanctioned for this, although it has happened on occasion. If you feel you or the person on whose behalf you wrote got an adverse result because of some personal conflict with the judge rather than based on the evidence, there is a right of appeal to a higher court.

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Answered on 12/20/99, 3:41 pm


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