Multistate Professional Responsibility Exam Practice Question
A judge is presiding over a civil lawsuit between Corporation A and Corporation B. The judge’s sibling is a partner at the law firm representing Corporation A, although the sibling has no direct role in the lawsuit. The judge believes that no bias exists and sees no reason to leave the case. Which approach aligns with judicial conduct guidelines on disqualification?
Withdraw from hearing the matter because the sibling’s partnership with a party’s counsel can create questions about impartiality
Submit a notice disclosing the partnership and proceed if the parties accept it
Instruct the sibling to avoid legal discussions about the lawsuit and keep handling the case
Continue on the case because the sibling is not handling the proceeding
A judge should withdraw from the matter when individuals with close family ties have a financial or professional stake in a party’s representation. Such a relationship can create a reasonable question about the judge’s neutrality, even if the relative does not personally work on the case. The other approaches do not address the legitimate perception that impartiality could be undermined by the sibling’s partnership, nor do they fully protect confidence in the judicial process.
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