Conflict of Interest?

[Ohiogal]

Thanks for your advice.

Of course there was a bias. The women was essentially his secretary! It was said if my husband elected for a jury trial the Judge would have to be replaced..... due to bias!!!!!!!! So if they do that for trial... why does this not apply to my husband's hearing?

SO your husband pled guilty?

 

[Zigner]

Anything that happens to him, happens to me. That is what marriage is.

No, it is not.

If your spouse robs a liquor store, does that mean you robbed a liquor store?
If your spouse drives drunk, does that mean you were driving drunk?
If your spouse assaults somebody, does that mean you assaulted somebody?
If your spouse embezzles money from an employer, does that mean you embezzled money?

 

[stealth2]

But it apparently works the other way in KLK's land. She made the statements, hubby gets to pay the price. Wanna bet he doesn't divorce her?

 

[Taxing Matters]

Thanks for your advice.

Of course there was a bias. The women was essentially his secretary! It was said if my husband elected for a jury trial the Judge would have to be replaced..... due to bias!!!!!!!! So if they do that for trial... why does this not apply to my husband's hearing?

I missed this before. What do you mean by hearing? What specifically happened? For him to be convicted, one of three things had to occur: he was convicted by a jury after a jury trial; he was convicted by the judge in a bench trial; or he entered a plea of guilty in a plea hearing, usually as part of a plea deal. So which one of the three was it?

If it was bench trial, then your husband agreed to that. He'd have had to waive his right to a jury to get a bench trial (a trial in which the judge determines guilt). If he knew of the potential bias at the time he made that and still elected a bench trial, that's likely to be something he cannot undo now after getting a result he did not like. If he only found out later, that may be something he can pursue to get the conviction vacated.

And if he plead guilty, the bias issue doesn't come into play because the judge didn't decide the issue, your husband did.

So the exact details matter a lot. And that's why he needs to see a lawyer and have the lawyer review everything that happened.

 

[Eekamouse]

Actually it does have everything to do with me. It is a VERY complicated situation. I am the one who actually made the statements but my husband was accused of making them. No one at the courthouse would let me write a witness statement, etc. His attorney blew me off. So, I am actually the one who is "guilty." He is my husband. Anything that happens to him, happens to me. That is what marriage is.

The question is about how to "report" the Judge if it is indeed a conflict of interest, etc.

Why would you be so stupid to make threats against the court in the first place? What did you think that would solve? Did you think you could intimidate the court into bending to your will on whatever issue was at hand? You're right, you should be in jail for this instead of your husband. He's only guilty of having a hot-headed idiot for a wife.

 

[not2cleverRed]

Actually it does have everything to do with me. It is a VERY complicated situation. I am the one who actually made the statements but my husband was accused of making them. No one at the courthouse would let me write a witness statement, etc. His attorney blew me off. So, I am actually the one who is "guilty." He is my husband. Anything that happens to him, happens to me. That is what marriage is.

The question is about how to "report" the Judge if it is indeed a conflict of interest, etc.

Such behavior is really obviously ill advised, legally. It just makes your husband look bad and affects his credibility.

The way to support your husband is to act like a model citizen in the courthouse. Dress neatly and be polite.

Please consider therapy, because you are undermining yourself and your husband with your behavior.

 

[quincy]

Here is a link to the Illinois Code of Judicial Conduct, “Canon 2 - A Judge Shall Perform the Duties of Judicial Office Impartially, Competently, and Diligently:”

https://casetext.com/rule/illinois-court-rules/illinois-supreme-court-rules/article-xi-illinois-code-of-judicial-conduct-of-2023-effective-january-1-2023/canon-2-a-judge-shall-perform-the-duties-of-judicial-office-impartially-competently-and-diligently-effective-january-1-2023/

You can click on “Rule 2.2, Impartiality and Fairness” and “Rule 2.3, Bias, Prejudice, and Harassment” and “Rule 2.11, Disqualification.”

It is important to note that, just because a judge knows someone, it does not necessarily create a conflict of interest or mean the judge cannot perform his duties with impartiality should this same person appear before him/her in court. In small towns, for example, judges and defense attorneys and prosecutors might not only know each other, they also might know, live next to, and socialize with several members of their community, some of whom may wind up in court.