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Should this Judge be recused?

Orlando, FL |

Judge was presiding over my Father's criminal matter approximately 2 years. My Father passed away prior to the Judge passing sentence. Now, the same Judge is presiding over his estate which is in probate and contested; doesn't seem right to me. . . .

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Attorney answers 4


Unless there is some connection between the two matters that would create a conflict, there is nothing wrong with this. Judges rotate assignments regularly, and often have someone come before them in a new case that they had before them previously in a different case. That alone does not create a conflict.

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Assuming that you had nothing whatsoever with your father's criminal matter, I agree with Ms. Morcroft there is no conflict of interest requiring recusal. Often the same judges who preside over criminal cases also supervise probate estates and decide civil matters.

And most judges, being human and trying to be impartial, are going to heed the biblical injunction of Ezekiel 18:19-20 that "The son shall not suffer for the iniquity of the father..."

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I think it's a good question but one that you should discuss with your probate lawyer


Unless there is more to the story, I don't think the Judge needs to recuse himself. Recusal is used when there is some type of bias or perceived bias invovled.