Was there a conflict of interest if the judge at my DUI proceeding was my wife’s divorce lawyer?

The fact is that we got into big arguments.

Asked on August 21, 2014 under Criminal Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

There would not have been a conflict of interest, since he was not at that time representing any party whose interests were contrary or opposed to your interest (e.g., the outcome of your DUI has no bearing on your divorce; it seems like your divorce was completed anyway; the state, not your wife, was the other party in a DUI hearing; etc.).

It is possible that he maintained or had a bias against you, if the divorce had been acrimonous and you and he had gotten into bitter or angry exchanges (or if you had filed some complaint against him earlier); however, there would typically have to be compelling evidence of personal animous or animosity, and *not* just the fact that had represented your wife, to show that sort of bias. If there was such evidence, it might be possible to get the results of that hearing set aside, though that will not dismiss the DUI charges--all that would happen is a new hearing, before a different judge, would be scheduled.


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