Legal Question in Constitutional Law in New York
Question about Judges
Can a judge preside over a case that his family member is involved in. My aunt is having problems with her 13 year old daughter going out with a 25 year old. The 25 year old will not stop picking her up at home. Lot of other details involved but right now I would like to know the 25 year old has an uncle that is a judge of this town, and now my aunt got a summons from this judge to appear in court. Is that legal for him to do?
2 Answers from Attorneys
Re: Question about Judges
This is not really a Constitutional question as much as it is a question about a conflict of interest or at least a potential conflict of interest. You don't say whether the summons is related to the daughter's relationship with the Judge's relative or not, but that at least would fit into the equation as to whether the judge is the right person or not to be hearing the case.
Also if the mother of the 13 year old has evindence to a reasonable degree of certainty that the 25 year old has been involved with any type of sexual contact with her daughter she may want to strongly consider pressing a complaint with the District Attorney as such contact would be criminal in nature.
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Re: Question about Judges
A judge is qualified to sit on any case assigned to him until that qualification is challenged.
Challenge it, if you feel strongly enough about it. The relationship you describe would be too close for my comfort and I would definitely ask to have teh case reassigned to anotehr judge, if not another court altogether.
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