Legal Question in Family Law in New York
Court
If a judge in a county works with a family member of the plantiffs family shouldn't she excuse herself from the case? Isn't that a conflict of interest? How do you go about making that happen?
1 Answer from Attorneys
Re: Court
It may be, but isn't necessarilly. Much depends on the nature of the relationship. While working with a spouse would be a no-no working with a second-cousin wouldn't be necessarily. The way to raise the issue is to put the concern on the record, and if not satisfied, ask the judge to recuse himself. The judge is not obligated to do so if the judge does not believe an inherent conflict exists but judges should avoid even the appearance of impropriety.
Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.