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I am going to court for not having a front license plate on my car. Can I get a fair trial if there is a conflict of interest?

Minneapolis, MN |
Filed under: Lawsuits and disputes

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?

Attorney Answers 2


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.

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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.

No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.

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