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Should a judge recuse himself if the defendant has filed an ethics complaint against a member of that judge's family?

Asked over 2 years ago - Nahant, MA

Some years ago, I filed a complaint against a judge for somewhat dubious conduct. Recently, a close relative of that judge heard my case and made a rather hostile ruling on what seemed like a reasonable motion.

Of course, I cannot "prove" that this second judge was aware of the earlier complaint, so I doubt that anything can be done. Nevertheless, I am curious. I have seen judges recuse themselves for far more benign reasons that this one.

If the judge ought indeed have recused himself, I shall be looking for an attorney to file the necessary motions to overturn the verdict.

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Attorney answers (2)

William T Harrington

Reputation Level 13

Answered over 2 years ago. Employment / Labor Attorney in Boston, MA.

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I judge can recuse himself on his own initiative or by motion of one of the parties. It seems like you were aware of the potential conflict but chose not to make a motion for recusal. Now, having lost the motion, now you want the judge to overturn the ruling and recuse him or herself. I think you have waived that argument unless you were unaware of the connection at the time the judge ruled on the motion. YOu are always free to move for reconsideration of the ruling and seek recusal but I would expect such motion to be denied.

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Jonathan H Levy

Reputation Level 19

Answered over 2 years ago. International Law Attorney in Washington, DC.

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A judge can recuse himself or herself for just about an reason. However, on these limited facts, unless your lawyer feels the judge's ruling was totally out of line, accusing the Court of bias may be a bit over the top.

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