TDCAA Community
Ethics Hypo

This topic can be found at:
https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/6351036071

July 01, 2008, 10:27
MW
Ethics Hypo
Defense attorney files motions to recuse a judge from every case that attorney has in the judge's court. Attorney's very broad claim is that the judge has personal bias against the attorney. If defense attorney fails in his effort to have judge recused, does that attorney have an ethical duty to withdraw from all of his cases in that courtroom? After all, if that attorney's motion was filed in good faith - and that attorney truly believes that the judge has a personal bias - then doesn't that attorney's continued representation of clients in that court harm those clients? How can same attorney ethically continue to practice in that court in front of that judge? Or, at a minimum, doesn't he have a duty to tell his clients that, in the attorney's sworn opinion, the judge has it out for him, and that may affect the client's case? Remember, in this scenario the attorney's claim against the judge is not case specific.
July 01, 2008, 10:59
Fresno Bob
Sounds a little like the scenario that led to Cannon v. State. (Though he said he was not ready for trial, too, after alleging the trial court was personally biased against him.) Since the lawyer in that case behaved unethically by not advocating for his client, does that mean the attorney should've sought to withdraw instead of staying with the case and doing nothing?