Multistate Professional Responsibility Exam Practice Question
A judge realizes that a close family member is representing one of the parties in a case currently before them. What is the most appropriate action for the judge to take?
Continue presiding over the case since there is no direct evidence of bias.
Inform the parties of the relationship but proceed with the case.
Delegate the case to another judge without notifying the parties.
Recuse themselves from the case to avoid any potential conflict of interest.
The judge should recuse themselves from the case to prevent any appearance of bias or conflict of interest, thereby maintaining the integrity of the judicial process. Continuing to hear the case or delegating it without proper notification does not adequately address the potential for bias.
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What does it mean to recuse oneself from a case?
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What are the consequences if a judge fails to recuse themselves when necessary?