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

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?

Duxbury, MA -

Attorney Answers (3)

David George Thomas

David George Thomas

Litigation Lawyer - Boston, MA
Answered

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... more
Erik Hammarlund

Erik Hammarlund

Litigation Lawyer - Vineyard Haven, MA
Answered

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... more
John Leif Fossum

John Leif Fossum

Federal Crime Lawyer - Bloomington, MN
Answered

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.... more

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