If the judge in my son’s present case was the prosecuting attorney in a past case against my son, should he “recuse” himself in the present case?
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If the judge in my son’s present case was the prosecuting attorney in a past case against my son, should he “recuse” himself in the present case?
Asked on March 28, 2013 under Criminal Law, Arkansas
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Unless the judge in your son's case has an actual bias against your son from a prior matter there is no reason for him to recuse himself. However, your son's attorney could request that the judge do so based upon your concerns that a fair trial may not be had.
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