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Fairfield, OH |

Through a Internet search, I found that the Defendants law firms, seats on many of the community committees the Judge in my case sets. Will the judge give more favor to the defendants counsel? Can I move to have my case reassigned. Judges should not be allowed to be a part of any community committees any law firm sets for fear of conflict.

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The answer should be NO, but how would you ever know. I imagine a judge would give more favor to an attorney who he respects more, but all cases should be treated based on the facts of the case. IF you try and have this judge removed, and he says no, what have you accomplished other then upsetting the decider of facts and/or law. Also, I imagine you will be having a jury trial. The judge has limited ability to favor one side over the other. You also have the right to appeal if the "favor" is obvious. You also have to remember that judges are also lawyers, and politicians, and lawyers belong to groups together, it just works that way. Are you suggesting that if you are a judge you can no longer participate in the community, like a democratic club, or a bar association. It would never happen. Also, how do you know that just because the defense attorney and judge are on a community group together that they do not despise each other personally. You are free to try if you like, however you could get a worse careful what you ask for and why you are asking for it. Good luck.

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In the real world, judges and lawyers know each other and live in the same community. The go to the same places of worship, they serve on the same committees, belong to the same clubs, socialize together sometimes, they may be political allies. If any of these factors were a basis for disqualifying a judge, the court system would grind to a halt while litigants spent all their energy trying to get the judges they wanted. The possibility of a judge showing favor to one side or the other certainly exists, but it rarely affects the outcome of a case, and is a lesser evil than encouraging judge-shopping.

Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to Avvo questions are for general information purposes only, and should not be construed or relied upon as legal advice.


The name of the remedy where one believes a judge can not be impartial is a motion to recuse. Such motions have been brought in the federal court in Boston where the federal judge who is presiding over the case against accused mobster "Whitey Bulger" was a member of the U.S. attorney's office at a time when it is alleged that the defendant was a "snitch" and given special treatment.

Use your favorite search engine to find coverage of that case and the difficulties and issues presented in motions to recuse. In your case, you need to discuss the issue with your attorney because the dynamics in any case and any range of human relationships are truly unique. If you do not have an attorney, you need one now.

Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.