Understanding Judicial Impartiality in Tulsa Courts
Let’s talk about judicial conflict of interest. Hi, my name is Carl Birkhead. I’m a Tulsa criminal attorney with Wirth Law Office in Tulsa, Oklahoma. I’ve been practicing family and criminal law for almost eight years, and I want to make law easy by talking about what it takes to get a conflicted judge off a case.
Can a Judge Preside Over a Case They Previously Prosecuted?
Great question, and one I’ve nearly had to deal with personally. A few years ago, I had a case where my client was facing a serious felony charge. We were close to resolving it with the prosecutor, until that same prosecutor was appointed as the judge over the case.
That’s a clear conflict of interest. A judge who previously prosecuted a case would have insider knowledge of the evidence, legal strategy, and may even hold a personal bias, whether intentional or not. In my case, the judge recognized the issue and recused himself, which was the right move.
Recognizing and Addressing Potential Conflicts
But not every situation is that cut and dry. Sometimes judges may know a party personally or have had prior involvement that doesn’t rise to the level of direct conflict. In those instances, judges often disclose the connection and give the attorneys a chance to request recusal.
If a judge doesn’t step aside and you believe they should, there’s a process to challenge it. Usually starting with an oral motion under what’s commonly referred to as Rule 15. If the judge denies it, a written motion can follow.
Ensuring Fairness in Court Proceedings
The bottom line: judges don’t have an automatic right to stay on every case. There are safeguards in place to ensure fairness. If you suspect a conflict in your case, give us a call. We’ll review the facts and determine whether judicial recusal is warranted.
Start with a Low-Cost Initial Strategy Session
My name is Carl Birkhead. I’m a Tulsa misdemeanor attorney with Wirth Law Office, and I want to help you make law easy. If you have any concerns about judicial conflict of interest or any other legal matters, contact us today for a strategy session. Don’t let potential conflicts jeopardize your case. Call us at 918-879-1681 to schedule your consultation.
