The attorney who lost against us in a custody battle became the judge and is now using that to abuse her power. She is bringing up the case she lost against us to give out a harsher punishment. Is that legal? A conflict of interest?
2 Answers from Attorneys
In Ohio, I am pretty sure that a judge cannot make rulings in a case in which he or she used to be an attorney for one of the parties. That would seem to be a conflict of interest or at least such an appearance of a conflict of interest that it would be improper. You should talk to your attorney about filing an affidavit of disqualification with the chief justice of the Ohio Supreme Court (there is a set and established process for this).
If your attorney does not want to poison the well of his or her practice by doing this, then you should bring on another attorney who does not practice in the area (geographically or in that legal subject) and have that new attorney draft and file the affidavit. If no one will do it, then you should contact the bar association and file an ethical complaint against the judge.
Ohio Code of Judicial Conduct, Rule 2;11(A)(7) Disqualification states that a judge must disqualify himself or herself if:
(A) A judge shall disqualify himself or herself in any proceeding in which the judge’s impartiality might reasonably be questioned, including but not limited to the following circumstances: ...
(7) The judge meets any of the following criteria:
(a) The judge served as a lawyer in the matter in controversy or was associated with a lawyer who participated substantially as a lawyer in the
matter during such association;
Related Questions & Answers
We have a neighbor who is scaring our dog. When leaving or arriving to her home she... Asked 1/11/24, 5:20 pm in United States Ohio Criminal Law
What does it mean when my case was dissmissed on direct indictment and there's no... Asked 1/09/24, 8:17 pm in United States Ohio Criminal Law
Can my brother be charged with a theft crime if he didn’t steal the items only... Asked 7/06/23, 11:13 pm in United States Ohio Criminal Law
How is it possible to be convicted of 1) murder, 2) DV , 3) INVOLUNTARY MANSLAUGHTER Asked 6/19/23, 7:24 pm in United States Ohio Criminal Law
I have been charged with an F5 possession, cocaine. the amount is .11. My public... Asked 3/09/23, 10:33 am in United States Ohio Criminal Law