attorney conflict of interest?

What is the name of your state (only U.S. law)? California
I am going through a custody case in riverside county family court. The attorney representing my daughters mother sits as a judge in the same court is there anything I can do to have her removed from the case or get a change of venue or something I feel there is no way I can get a fair hearing with her as the attorney. What can I do?

tristanpickens said:

What is the name of your state (only U.S. law)? California
I am going through a custody case in riverside county family court. The attorney representing my daughters mother sits as a judge in the same court is there anything I can do to have her removed from the case or get a change of venue or something I feel there is no way I can get a fair hearing with her as the attorney. What can I do?

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The attorney representing your daughter's mother sits as a judge in the same court and you feel there is no way you can get a fair hearing with her as the judge. So what is she? The attorney or the judge?

Hot Topic said:

The attorney representing your daughter's mother sits as a judge in the same court and you feel there is no way you can get a fair hearing with her as the judge. So what is she? The attorney or the judge?

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OP never said she was THE judge. OP said she is A judge in the same court.

If you can't read please don't help me. I need a real answer to this.

tristanpickens said:

If you can't read please don't help me. I need a real answer to this.

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Hot Topic can read, that's for sure. I believe it was mangled writing that caused the confusion.

tristanpickens said:

If you can't read please don't help me. I need a real answer to this.

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If she is attorney representing your daughter's mother, yet a Judge in the same Court, how is this a conflict of interest? She is judging OTHER cases, not yours.

Judges are prohibited from otherwise practicing law in most states.

Check the Code of Judicial Ethics ... to see if any canon would prohibit the gentleman from practicing law in the same court as he is a judge (part-time or temporary judge??)

Bingo .... from Canon 4

(ii) will be engaged frequently in adversary proceedings in the
court of which the judge is a member or in any court subject to the appellate
jurisdiction of the court of which the judge is a member.



AND additionally


(b) involve the judge in frequent transactions or continuing business
relationships with lawyers or other persons likely to appear before the court on which the judge serves.


These two creates a conflict between his ethical obligations as a judge & him serving as consul in the same court.

I assume that there are others .... most judges I know stop practicing law all together as there judge-duties take up all their time.




from: http://www.courtinfo.ca.gov/courts/supreme/documents/ca_code_judicial_ethics.pdf

Sorry it was kind of a confusing situation to explain but thank you very much for the help you may have just saved my sanity and my daughters childhood I appreciate it very much.

She is pro tem do these rules still apply?