Ethics/Professional Responsibility
Feb. 21, 2015
When a judge's past comes back to haunt
When a deputy district attorney becomes a judge, should they be automatically disqualified from presiding over a case where they previously appeared?
Alison Buchanan
Shareholder
Hoge Fenton Jones & Appel
60 S Market St Ste 1400
San Jose , CA 95113-2396
Phone: (408) 287-9501
Fax: (408) 287-2583
Email: alison.buchanan@hogefenton.com
Illinois IT Chicago-Kent College of Law
Alison's practice focuses on business litigation and professional liability. Alison is a certified specialist in legal malpractice law and recently completed a three-year term serving as a member of the State Bar's Standing Committee on Professional Responsibility and Conduct.
Our deputy district attorneys bear extraordinarily heavy caseloads. They are often called on to make brief, nonsubstantive appearances without any further involvement with a case. So when a deputy district attorney becomes a judge, should they be automatically disqualified from presiding over a case where they previously appeared as a deputy district attorney for a perfunctory appearance? What about the notion of fair and impartial administration of justice?
The state Supreme ...
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