Legal Question in Civil Litigation in Virginia

judge was a victim
i had asked a question last night as to a judge who was a victim of a defendant and could this same judge then rule in another matter about this same defendant. your response to my question was in what way the judge was a victim of the defendant. the answer is the victim sent the judge threatening letters and was charged with threatening the judge. recently the defendant asked the court for a ruling and the same judge who he wrote these letters to was the judge who ruled in his request. is this legal or is it a conflict of interest?

Asked on 11/18/08, 9:08 am

2 Answers from Attorneys

Jerome Gamache Ainsworth Thelin & Raftice, P.A.

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Re: judge was a victim

You must have me mistaken with someone else on Lawguru. I have not yet Answered your question. However, if a Judge MAY need to recuse himself/herself, that issue is governed by the ethical rules of that jurisdiction. There would normally be a disclosure by the Judge in open Court of the ethical issue, and a stated reason for the determination to recuse or not. Any complaint in my jurisdiction (Maine) about a Judge's conduct should be made to the Maine Board of Bar Overseers.

I simply cannot comment on whether or not in this instance this judge should have been recused.

Answered on 11/18/08, 9:21 am

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