Legal Question in Legal Malpractice in Tennessee

legal relatives

We live in a small town. The main judge of the town is very commonly known and has a lot of family in this town. A relative of the judges commited a crime, and was arrested. When the court date came up all the parties except the offender was in court. The offender being the nephew of the judge. When his name was called the judge simply said ''Oh that is on my desk''. My question Is this allowed? Can the judge, being a family member actually act on this case?

Asked on 1/13/06, 10:53 am

1 Answer from Attorneys

Dr. Michael A. S. Guth Tennessee Attorney at Law Assists Pro Se (without a lawyer) Parties
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Re: legal relatives

Under the circumstances you have described, it was highly improper for the judge to preside over a trial of his own nephew. If I had been the opposing counsel, I would have asked the judge to recuse himself and reported him to the Court of the Judiciary if he had not. Justice is supposed to be dispensed with a blindfold, not a wink and a nod.

http://michaelguth.com/prose.htm

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1/13/06, 12:14 pm

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