If the judge in my son’s present case was the prosecuting attorney in a past case against my son, should he “recuse” himself in the present case?

Get Legal Help Today

 Secured with SHA-256 Encryption

If the judge in my son’s present case was the prosecuting attorney in a past case against my son, should he “recuse” himself in the present case?

Asked on March 28, 2013 under Criminal Law, Arkansas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unless the judge in your son's case has an actual bias against your son from a prior matter there is no reason for him to recuse himself. However, your son's attorney could request that the judge do so based upon your concerns that a fair trial may not be had.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption