Legal Question in Legal Ethics in Missouri

Judge's Delay and Conflict of Interest?

Generally speaking each State's Code of Criminal Procedure and/or Civil Procedure will have specific provisions providing for the recusal of a particular judge and the grounds that are recognized for recusing a judge in a particular case. Additionally, each State's scheme of criminal procedure will have specific rules addressing computation of time for the rules' application, issuance of warrants [ either arrest or search], and the time for the execution of warrants. For example, Louisiana where I am licensed generally requires a search warrant to be executed within ten days after its issuance. After ten days it is treated as being stale. In addition to these provisions, each State will have specific rules of judicial administration. Florida, for example, where I reside has a specific set of rules regarding judicial administration and has a judicial commission to review complaints about judge's conduct. Louisiana has the same type of mechanism. I would suspect that your state also has the same sort of mechanism. I'm not quite sure what the prosecutor should have done since it should be remembered that prosecutors work with judge's every day and so it might not be prudent for a prosecutor to be quick to make accusations against a judge. In addition, if the judge is playing games any prudent prosecutor would give the judge enough room to allow for the production of evidence which could later be used in any action against the judge. If you don't want to wait, I would suggest that you contact the Bar Association and see if they will help you find your state's codes of judicial canons and scheme for administration of judges in your state and the procedure for you and other citizens to complain. You should also determine whether or not your state's mechanism provides for judicial relief against persons who file complaints which are later determined to have no substance. You should also know that there are remedies for an individual whose civil rights are violated under the Federal Civil Rights Act [ 42 U.S.c. 1983, et. seq.]. These statutes; however, generally provide for absolute immunity from suit for judges. There are some rare, limited exceptions to this judicial rule. Finally, you can try consulting with local counsel in your town who can give you State specific information to your question. Thanks for your question and keep us posted on your judge.