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Conflict of interest?

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Lazyrider

Junior Member
What is the name of your state (only U.S. law)? New York

My friend went to a preliminary hearing/meeting (?) today for his divorce proceedings - it was the first of it's kind so far.....his lawyer did not show, but another representative from the lawyer's office did (who knew nothing about the case).

The judge presiding told everyone before it started that a relative of her's works in the law office of the opposite side of this divorce. However, decisions were still made regarding health care coverage for my friend's sons, as well as adjustments to child support payments.....after this occurred, the judge stated that because the parties have to clear up their joint bankruptcy first, the case would be looked at again in 6 months, with a different judge.

My question is this: Is any of this viable and admissible? Should the judge immediately have removed herself due to the fact there is an obvious conflict of interest?

I know this was only a preliminary thing, but we really need help. Thanks in advance!
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? New York

My friend went to a preliminary hearing/meeting (?) today for his divorce proceedings - it was the first of it's kind so far.....his lawyer did not show, but another representative from the lawyer's office did (who knew nothing about the case).

The judge presiding told everyone before it started that a relative of her's works in the law office of the opposite side of this divorce. However, decisions were still made regarding health care coverage for my friend's sons, as well as adjustments to child support payments.....after this occurred, the judge stated that because the parties have to clear up their joint bankruptcy first, the case would be looked at again in 6 months, with a different judge.

My question is this: Is any of this viable and admissible? Should the judge immediately have removed herself due to the fact there is an obvious conflict of interest?

I know this was only a preliminary thing, but we really need help. Thanks in advance!
That fact that a relative works in the opposing side's law office is not nearly enough to cause a judge to have to recuse him/herself. The judge made the disclosure to make sure there was no appearance of impropriety.
 

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