Can a judge preside over a civil case where he is related toone of the defendants?
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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
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 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.
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