would a judge be in misconduct if a previous employee of his court a deputy clerk that currently works for a state agency (ASAP) involved with the court system and was bias toward the prosecution and testimony of a defendant ? Is there steps to report this misconduct ?Should the Judge of General District court with a witness whom was a previous co-worker a Deputy Clerk of the courts and now an ASAP case manager had recused himself from a case ? Was this a conflict of interest or bias on the judges part since the two had worked together previously ? Would the following apply when a judge of The General District Court allows a witness for ASAP ( the opposing party) whom worked with judge for 5 years ? Or can ASAP and the court system do as they please to whom ever regardless of their disability ? 28 U.S.C. sec. 144, captioned "Bias or prejudice of judge," provides that under circumstances, when a party to a case in a United States District Court files a "timely and sufficient Motion that the judge before whom the matter is pending has a personal bias or prejudice either against him or in favor of an adverse party," the case shall be transferred to another judge.
Yes, a former deputy clerk can be a witness for the prosecution in the court that they worked in. Could the judge be biased.... possibly, but not enough information has been provided to know. Based on the limited information that has been provided, I cannot say that there is any misconduct to report.
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