If the arresting officer in a Class C case is the JP's husband, may the JP hear the case? Must the JP notify the defendant of the marriage, and if so, recuse herself upon request?

CCP Ch. 30 deals w/Disqualification of the Judge, but does not require disqualification or recusal when the judge is married to a witness. Neither do the Canons of Judicial Conduct.

In a civil case, Rule of Civil Procedure 18b (f)(iii) would require the judge to recuse herself if her husband was a material witness. Is there a different rule for criminal cases, or am I missing something?

I haven't looked in a while, but don't the canons require judges to avoid the appearance of impropriety? Seems to me no matter what she does, presiding over her husbands case will appear improper to somebody.

Though not directly prohibited by statute this creates an absolutely unwinnable situation. I have attached the appropriate Canon below. I would certainly disclose the fact as the prosecutor. Other wise like everything else that occures in the courthouse it will be your fault.


CANON 2

Avoiding Impropriety and the Appearance of
Impropriety In All of the Judge's Activities


A. A judge shall comply with the law and should act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.


B. A judge shall not allow any relationship to influence judicial conduct or judgment. A judge shall not lend the prestige of judicial office to advance the private interests of the judge or others; nor shall a judge convey or permit others to convey the impression that they are in a special position to influence the judge. A judge shall not testify voluntarily as a character witness.


C. A judge shall not knowingly hold membership in any organization that practices discrimination prohibited by law.

Thank you, Wes and Clay. I agree that this situation is a textbook example of an appearance of impropriety. I just wanted to find out if I was overlooking an express prohibition. Evidently I was not.