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Asked over 1 year ago - Duxbury, MA
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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?
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.
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