Can a judge preside over a civil case where he is related toone of the defendants?

The judge presiding over the civil case is the uncle of one of the defendants.

Asked on October 27, 2011 under Real Estate Law, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A judge can preside over a civil dispute if he is related to one of the parties, a defendant in your situation if all parties agree to waive this inherent conflict of interest. I would not waive this conflict of interest and make it show on the record that the judge who is to hear the civil dispute is related to one of the parties to the dispute.

Most likely the judge in the matter you are writing about will recuse himself (disqualify) himself from hearing the case due to the familial relationship.

Good question.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.