Legal Question in Education Law in Georgia

Re: Judge's Behavior Prior to sentencing

Not necessarily. It's the sort of thing you can't do much about,--if they're social friends, they don't have to stop being social friends. If the relationship creates actual bias, then that's another story altogether, and a recusal motion mght be in order, at least to explore the relationship and what it means to the case.

Re: Judge's Behavior Prior to sentencing

Generally speaking a judge is required to conduct himself so as not to give even the appearance of impropriety. That means that if its a close case, the judge should avoid contact with persons who may attempt to exert influence over him (or her).

If the judge did not invite the woman to his home, if he did no more than politely decline to talk to her about the case, then the judge has probably met the standard.

If the judge met with the woman at his home and conducted a conversation about the merits of the case, or even really discussed sentencing at all, that most likely violates the canons of judicial ethics and should be reported to the State Bar for investigation. This is because the judge is not supposed to consider any evidence in sentencing not properly admitted in court, and is also prohibited from "ex parte" conversations with persons interested in a case.

If you have questions, you should probably contact your local State Bar.