What determines if a judge can be neutral and detached in a criminal case?

Judge is a board member of 5 child advocacy groups that investigate abuse. Needs to sign a search warrant for suspected child abuse. If possible a case reference would be extremely useful.

Asked on September 25, 2010 under Criminal Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

When you ask "what" in this question it becomes a difficult thing to answer.  Judges take an oath to be fair and impartial in the administration of their duties.  They are under an obligation to recuse themselves if they do not believe that they can do so.  However, parties are permitted to bring motions for recusal should they believe that there is a conflict of interest involving the Judge and/or that they can not administer the proceedings properly based upon some facts surrounding the mater.  Each matter is decidedon a case by case basis.  They are guided by the law as well as the Cannons of Ethics.  Seek legal help with the specifics if you believe that the Judge in your matter can not proceed impartially.


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