Is it conflict of interest if a husband used to coach the judge’s child in baseball?

Asked on November 3, 2011 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

This is one of those "pretty darn close" situations.  Judges are supposed to serve as neutral third parties.  This means that they should not have any advance knowledge of the parties or their situation.  Knowing someone is not enough to get a judge recused.  There has to be a demonstration that the knowledge they possess will influence their decision or could potentially influence their decision.  You can file a motion to have the judge recused.  If the motion is granted, then the judge will send the case to another district judge to hear the case.  In larger counties where there are multiple judges, this is a pretty easy fix.  In smaller counties, this situation tends to be a bit more challenging because everyone knows everybody.  If there certainly is a bias because of the relationship, you may have to request a special visiting judge to come in and hear your case. 


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