Ask the Judge: “Recusal” a conflict of interest
By Judge Steve Walker
One of the unanticipated problems many Judges are forced to face in their every day scheduling of dockets is finding themselves having to “recuse” themselves from hearing a case.
“Recuse” is defined as: to refuse to be a judge, or for a judge to agree to a request by one of the parties to step aside in a lawsuit or appeal because of a conflict of interest or other good reason. Being closely acquainted with one of the parties is a perfect example of a conflict of interest.
It also applies to a judge or prosecutor being removed or voluntarily removing himself/herself from a criminal case in which he/she has a personal interest, such as friendship or known enmity to the defendant.
Judges in smaller counties are more likely to be forced to ‘recuse’ themselves since they may know many of litigants that come into their court. By no means may a Judge hear a case when the defendant is related by marriage or be a blood relative.
Judges may be removed from the bench for such conduct. The State Judicial Conduct Board documents such cases, and releases the findings which may lead to Judges being removed from the bench or stiff fines and reprimands and sanctions.
In Bexar County Justices of the Peace jurisdictions oversee an average of 300-thousand residents in their precinct and are less likely to be forced to have to recuse him/her from a case. It does happen on occasion to all Judges.
Many times a would-be defendant or plaintiff will approach a Judge in the court hallways to ask him/her for simple advice on a complaint they filed or were filed on from a complaint and offer details on the case. Since the information is “ex parte” without the other side being present, the Judge is immediately forced to inform the person involved in a pending case that he/she might hear that they must recuse themselves.
Judges do not have to recuse themselves when attorneys practice in their court on an on-going basis. In the Eviction Court in Pct. 2 for example, numerous lawyers face the same Judges as many as two or three times a week defending their clients.
It is not unusual for local attorneys in the various jurisdictions to have attended law school with a number of the presiding judges. However if the defending lawyer was the judges law partner at one time, conflict of interest applies unless both parties agree to allow the judge to hear the case.
As previously stated earlier, be very careful when approaching a judge for information. Without realizing it, he/she might be the judge scheduled to hear your case.
Lastly as always, if you are due in court, be sure to show up to court on time. It is in everyone’s best interest.
Justice of the Peace, Pct. 2 Steve Walker is a Vietnam Veteran and a former Journalist.
By Judge Steve Walker
One of the unanticipated problems many Judges are forced to face in their every day scheduling of dockets is finding themselves having to “recuse” themselves from hearing a case.
“Recuse” is defined as: to refuse to be a judge, or for a judge to agree to a request by one of the parties to step aside in a lawsuit or appeal because of a conflict of interest or other good reason. Being closely acquainted with one of the parties is a perfect example of a conflict of interest.
It also applies to a judge or prosecutor being removed or voluntarily removing himself/herself from a criminal case in which he/she has a personal interest, such as friendship or known enmity to the defendant.
Judges in smaller counties are more likely to be forced to ‘recuse’ themselves since they may know many of litigants that come into their court. By no means may a Judge hear a case when the defendant is related by marriage or be a blood relative.
Judges may be removed from the bench for such conduct. The State Judicial Conduct Board documents such cases, and releases the findings which may lead to Judges being removed from the bench or stiff fines and reprimands and sanctions.
In Bexar County Justices of the Peace jurisdictions oversee an average of 300-thousand residents in their precinct and are less likely to be forced to have to recuse him/her from a case. It does happen on occasion to all Judges.
Many times a would-be defendant or plaintiff will approach a Judge in the court hallways to ask him/her for simple advice on a complaint they filed or were filed on from a complaint and offer details on the case. Since the information is “ex parte” without the other side being present, the Judge is immediately forced to inform the person involved in a pending case that he/she might hear that they must recuse themselves.
Judges do not have to recuse themselves when attorneys practice in their court on an on-going basis. In the Eviction Court in Pct. 2 for example, numerous lawyers face the same Judges as many as two or three times a week defending their clients.
It is not unusual for local attorneys in the various jurisdictions to have attended law school with a number of the presiding judges. However if the defending lawyer was the judges law partner at one time, conflict of interest applies unless both parties agree to allow the judge to hear the case.
As previously stated earlier, be very careful when approaching a judge for information. Without realizing it, he/she might be the judge scheduled to hear your case.
Lastly as always, if you are due in court, be sure to show up to court on time. It is in everyone’s best interest.
Justice of the Peace, Pct. 2 Steve Walker is a Vietnam Veteran and a former Journalist.
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