Legal Question in Criminal Law in Ohio

Recused Judge's Authority
If a judge recuses himself from a criminal case because he is a personal friend with the victim's family, may he influence the defendent's probation after her conviction? The assigned judge is from another area of the state; therefore, he does not have direct contact with the probation department on a consistant basis. The local judge is clearly guiding (in a negative way) the probation department even though had recused himself from the case. I don't think he should even be permitted to discuss the case with the probation officer, yet he does. If he is being unethical or his actions are illegal, is there anything we can do without exacerbating the difficulties faced by the defendent?

Asked on 11/16/05, 10:31 am

Joseph Jacobs Jacobs & Lowder

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Re: Recused Judge's Authority

If you can prove that he talked to the probation dept, then you need to make a motion or otherwise put it on the record of the case immediately.

Answered on 11/16/05, 11:12 am

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