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Can a judge prosecute the same case that he is presiding over?

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topaz4

Junior Member
What is the name of your state (only U.S. law)? New Jersey
My husband had several harassment charges in municipal court against his ex-wife. She filed a retaliatory harassment charge against him and his arraignment date was scheduled at the same time she was to be tried. The prosecutor removed herself from the case because she was a former acquaintance of mine and she asked that the judge transfer the case to another court. The judge said he would prosecute the case himself which he proceeded to do. My husband basically argued his case on his own. He was not fully prepared to do this and the most important facts of the case were not presented. His ex-wife was found not guilty of the harassment charges although last month a Family Court judge did issue a Final Restraining Order on her due to the same ongoing harassing behaviors. Was the judge allowed to be the prosecutor because the two parties both had complaints against each other?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
 


garrula lingua

Senior Member
Love N.J.! WaHoo, I thought Texas was wild law ... ??!!

No, he can't.

Sounds as though he let them both rant and then dismissed the charges against both of them ??

Did the Prosecutor dismiss the misdemeanor criminal charges, and the Judge went forward on civil harrassment 'small claims' cases ?? He can do that ...
 
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topaz4

Junior Member
Love N.J.! WaHoo, I thought Texas was wild law ... ??!!

No, he can't.

Sounds as though he let them both rant and then dismissed the charges against both of them ??

Did the Prosecutor dismiss the misdemeanor criminal charges, and the Judge went forward on civil harrassment 'small claims' cases ?? He can do that ...
Nothing was dismissed. The judge wanted both parties to drop the complaints but my husband wanted to proceed since he had a very solid, documented case, having obtained a final restraining order based on the same charges. They were both found not guilty.
I guess my husband could file an appeal? Does anybody know if the whole case would be retried?
 

latigo

Senior Member
For crying out loud let go of it and get on with your life!

It is rather apparent that you are pushing your husband’s cause out of jealousy over his first bride. Find some other way to deal with her - without involving the court system or us. It’s trivial, foolish and particularly boring.
 

wildthing

Member
If your question starts with the words "CAN A JUDGE" the answer is YES!!! I read that quote in another post but it seems to apply in this case.
 

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