Conflict of Interest?

[faithnlve]

What is the name of your state (only U.S. law)? Vt. I was wrongfully terminated from my job. The defendant's attorney in this case is a probate judge whom decided on the guardianship case of my ex and I in regards to our disabled son. The hearing of course was behind closed doors. I am actually in a bit of a shock that this probate judge is their attorney and wondering if this is a conflict of interest. I would prefer keeping a judge who is making decisions on my ex and my guardian decisions not be against me in a civil matter. Thanks for any replies on this. Faith

 

[Mass_Shyster]

What is the name of your state (only U.S. law)? Vt. I was wrongfully terminated from my job. The defendant's attorney in this case is a probate judge whom decided on the guardianship case of my ex and I in regards to our disabled son. The hearing of course was behind closed doors. I am actually in a bit of a shock that this probate judge is their attorney and wondering if this is a conflict of interest. I would prefer keeping a judge who is making decisions on my ex and my guardian decisions not be against me in a civil matter. Thanks for any replies on this. Faith

First you wrote that the judge decided (past tense) on the guardianship case, and later that the judge is(present tense) making decisions.

If the guardianship issue is fully resolved (a past matter), there is no conflict with the judge representing someone else in an unrelated matter.

If the guardianship case is still pending, the attorney should withdraw from the wrongful termination case, and possibly recuse herself from the guardianship case as well.

 

[faithnlve]

Well, the reason I used the "past" and "present" in regards to this judge is my ex and myself have to report each year to the courts in regards to finances or any other changes which would include medical. Since this is the judge whom ruled on our case and "could" further rule on future decisions I would be appalled as a citizen to have this judge working as a lawyer for someone else against me. Things can get nasty in lawsuits, especially between lawyers, clients, etc. I also thought judges could not work as lawyers as long as they were on the bench too? I could be wrong, but that is what I read on the internet. ty Faith

 

[antrc170]

The judge can represent the client without a conflict of interest because of a past decision. He is not barred from representing a client becuase there exists a possible appointed to your case in the future.

If the judge is assigned your case in the future, at that point there is a conflict of interest and he should recuse himself from the case.

Until then, there is only the potential for a conflict to arise.

 

[commentator]

I woud like to hear about your wrongful termination case. Is it actually going to court, as you got a hearing on it? Part time judges/attorneys are very common in small places here, it's not at all uncommon to have an attorney who sometimes works as a judge. That he might at some furture time hear a case with you involved is not a given.

 

[cbg]

Commentator - check the posting hx. You'll learn far more than you ever wanted to know.

 

[pattytx]

Commentator - check the posting hx. You'll learn far more than you ever wanted to know.

Yep. This "wrongful termination" case has been beat to death with a big stick.