Is it legal for someone who was orginally the prosecuter in a case, later be the judge in the case?
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Is it legal for someone who was orginally the prosecuter in a case, later be the judge in the case?
Asked on November 18, 2012 under Criminal Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It would be inappropriate for this person to act as a judge in this case, because of his/her prior involvement in it, and he/she should "recuse" (remove) him/herself from hearing the case. (Some other judge should hear it.)
If the judge does not remove him/herself, the defendant, if convicted, may be able to appeal on grounds that the judge had a conflict of interest.
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