Legal Question in Criminal Law in Ohio

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?

Asked on 2/09/24, 10:08 pm

2 Answers from Attorneys

Eric Willison Eric Eastman Willison

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.

Read more
Answered on 2/10/24, 7:55 am
Eric Willison Eric Eastman Willison

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;

Read more
Answered on 2/10/24, 8:10 am

Related Questions & Answers

More Criminal Law questions and answers in Ohio