The "plaintiff" is the state and the judge works for the state. The "plaintiff' writes the paycheck for him/her. How can I get a fair trial when there is clearly a conflict of interest?
The judge’s paycheck doesn't depend on the outcome of your traffic hearing. The judiciary is one of the three branches of government established by the United States Constitution. The individual state constitutions establish the judiciary of the individual states. A judge is sworn to apply the law evenly and fairly. Judges must be employed by someone. Whom would you rather have employ the judge?
I am a co-author of WEITZ ON AUTOMOBILE LITIGATION: THE NO FAULT HANDBOOK. The opinions expressed in this answer are not intended to be taken as legal advice. These opinions are based on New York practice. I may be contacted at 212-553-9300.
This ild gambit has been tried and tried and tried again. It has never worked and it isn't going to work for you, either. But it will annoy the starch out of the judge who has to spend two minutes dealing with this old bad idea. You might want to think through whether there are any reasons applicable to your case to avoid that result.
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