"THE RIGHT TO A FAIR AND IMPARTIAL JUDGE" which means that the judge should have no temptation to forget the burden of proof and not hold the balance clear and true between the parties. One of the first cases where this came up was Berger vs United States.
The Superior Court of California, San Mateo County Family Court Judge's wife works directly with the OPPOSING Counsel's husband. The Opposing Counsel runs her practice under a different business name than her husband. Her husband and the Judge's wife work under the same business entity. Both businesses share the same business address, different suites, but their suites are side by side; according to Opposing Counsel, they only share a common wall. How would you feel about learning the proximity of their relationship and neither the Opposing Counsel or the Judge ever disclosed it to you?
* Code of Civil Procedure 170.1 (a)(1)(B) - "A judge shall be deemed to have personal knowledge within the meaning of this paragraph if the judge or the spouse of the judge, or a person within the third degree of relationship to either of them, or the spouse of such a person is to the judges knowledge likely to be a marital witness in the proceeding. "
* Code of Civil Procedure 170.1(a)(5) - "A Lawyer or a spouse of a lawyer in the proceeding is the spouse, former spouse, child, sibling, or parent of the judge or the judges spouse or if such person is associated in the private practice of law with the lawyer and the proceeding."
* Title Code 28 U.S. Code § 455 - Disqualification of justice, judge, or magistrate judge (a)Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned. This provides standards for judicial disqualification or recusal. "IMPARTIALITY MIGHT REASONABLY BE QUESTIONED." If an objective person, knowing all the facts involved, had a doubt about the judge's impartiality, then that Judge MUST step aside and another judge preside over the case where there's absolutely no question that the judge could be fair and impartial. "THE RIGHT TO A FAIR AND IMPARTIAL JUDGE" which means that the judge should have no temptation to forget the burden of proof and not hold the balance clear and true between the parties.One of the first cases where this came up was Berger vs United States.
* Title 28 - Judiciary and Judicial Procedure §453. Oaths of justices and judges - Each justice or judge of the United States shall take the following oath or affirmation before performing the duties of his office: "I, ______ XXX, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as ______ under the Constitution and laws of the United States. So help me God."
It was brought to our attention that the Opposing Counsel's husband is not allowed to represent clients in front of this Judge for obvious reasons. However his wife, the Opposing counsel on this case, has been practicing in this Judges Courtroom for over a decade.
If you feel this is 1) A "Conflict of Interest", and/or 2) If you were in this situation you would DEMAND the Judge to Recuse/Disqualify himself, I urge you to please sign this petition. Let's remind this judge he signed an Oath to perform all the duties incumbent upon me as ______ under the Constitution and laws of the United States.
