Can my ex husbands divorce attorney whom now is the judge in this county is a case between us?
Not only is the judge his old attorney but his new attorney is the judges sister! Is this legal? The case has been filed in Cotton County Oklahoma Bruce V Bruce. Help!
Answers:
I'm no lawyer, but, I think there is a conflict of interest here. You should file a motion for a change in venue. Otherwise you probably cannot get a fair hearing.
I would file a complaint based on conflict of interest.
He should recuse himself. If he doesn't, you can ask for a different judge based on the information you've provided, above.
Whoa! I can't see how it is. Your attorney should have the right to ask a new judge to be appointed. You have a right to a fair trail and that will be far from one.
You can request a change of venue (most states allow you one move to another judge without cause) but if you don't get it, you obviously have very justifiable grounds to appeal any decision he makes. Honestly, if the judge was on the up-and-up, he'd recuse himself.
You should bring this to the judge's attention whereupon he should recuse himself. If he doesn't, contact your State Bar Association.
I would definitely object on the grounds of inability to remain neutral.
Your attorney should file a motion demanding that the judge step aside from the case. There definitely appears to be a conflict of interest on several levels.
From what I can understand from your use of English it would seem that this would be a question to pose to your attorney.
No. It is a conflict of interest , because of his relationship or prior envolvement with th parties.
Move for a change of judge asap. The judge has a conflict of interest.
Definitely looks like a conflict of interest. His former relation with your opponent, and family relation to his current attorney certainly make it hard to believe he would be able to remain impartial.
Your lawyer should file a brief demanding a change of venue, or at least of seating judge.
Your attorney should file a Motion to Recuse for both the Judge and the new attorney. There is definitely a conflict of interest.
You can file a motion asking the judge to recuse himself based on that prior relationship. If he doesn't, you have excellent grounds for appeal built in to your case.
Your question is really pretty moot, and only hypothetical. From your question it sounds like this judge has not yet taken your case and you are presuming he might. He will know better and refuse your case. Its a no brainer. Your county surely has more than one judge so it is not a problem to shuffle your case to someone else. My divorce attorney became a judge and had to drop out of my case and avoid presiding over it.
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