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?


Asked on 12/05/05, 11:45 am

1 Answer from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb

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.

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Answered on 12/05/05, 12:27 pm


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