Skip to main content

In what actions can a Judge not be allowed to sit at if he was the Judge in a concluded action

Duxbury, MA |
Filed under: Litigation

A judge that was assigned to a case that concluded. This judge is now assigned the case involving a dispute concerning attorneys liens with one of the parties concerning same case.

From what I have been told by an attorney I met casually, said he can not sit on this case because he sat on the case itself and that case is over. Massachusetts have rules against this.

Can someone tell me what rule he is speaking of?

Attorney Answers 3

Posted

There does not appear to be a conflict of interest in what you have described. I am not sure what Massachusetts Rule the attorney you met with was considering, but judges who sit for one matter may decide related matters. There would be some utility in doing so as the judge would be familiar with the related proceedings. Also, if the case in Superior Court in Massachusetts, no one judge will be assigned to a case unless the judge has been specially assigned by the Chief Justice of Administration and Management (based on a request by a litigating party) or if the case is pending the Business Litigation Session of the Superior Court. Beyond that, judges rotate between sessions monthly. If the case is pending in federal court, a judge will be assigned, but usually that is a random assignment.

Mr. Thomas is licensed to practice law in Massachusetts. This response is not legal advice and does not create an attorney/client relationship. This response is in the form of legal education and is intended to provide general information about the matter within the question. Often, the question does not include significant and important facts and timelines that, if known, could significantly change the reply. Mr. Thomas strongly advises the questioner to confer with an attorney to make sure he or she gets all relevant information to make informed decisions about the subject matter.

Mark as helpful

1 found this helpful

Posted

Normally that is not a conflict. Nor do I see how it would be. You should ask the lawyer who told you what rule he was referring to.

This response does not create an attorney client relationship and is offered for informational purposes only. Only a lawyer fully versed on the facts and circumstances of your case can properly advise you on the case. I am licensed to practice in Minnesota, not every state. You should always consult with an attorney licensed in your area on how best to proceed.

Mark as helpful

Posted

Are you certain that you heard your friend correctly? I concur with the other post that this does not sound like a conflict.

Do you want accurate, personalized, legal advice that you can rely on? You will have to hire an attorney, not ask on Avvo. I am not your attorney and am not creating an attorney-client relationship by this post. I am therefore giving only general advice. This advice may not apply to you or your situation; may not take account of all possibilities, and may not match the advice I would give to a client. DO NOT rely on this advice or any other advice on Avvo to make your legal decisions. If you want an answer to a legal question you should retain an attorney who is licensed in your state.

Mark as helpful

Litigation topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics