Can an appeals court judge hear the appeal of a trial they presided over as a trial court judge? 37 Answers as of October 31, 2011

If a trial judge becomes an appeals court judge, can he or she hear the appeal of a trial they had presided over as the trial court judge?

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Edward D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
Usually appelate courts have several judges that decide the case on appeal . If the other judges think it is a conflict of interest for that judge than he should recuse himself and if he will not you should hire an attorney to make a motion for him to be disqualified.
Answer Applies to: New York
Replied: 10/31/2011
Jacob P. Sartz IV., Attorney at Law
Jacob P. Sartz IV., Attorney at Law | Jacob Sartz
That's an interesting question. You'd need to consult with an appellate attorney to determine whether a motion to disqualify the appellate judge would be appropriate under the circumstances. You could potentially have a good faith basis to make that motion depending on your particular circumstances.
Answer Applies to: Michigan
Replied: 8/31/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
No. That would constitute a conflict of interest.
Answer Applies to: Minnesota
Replied: 8/29/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
My first reaction is no. A judge who presides over a trial has knowledge extraneous to the record, therefore she must recuse herself if the case is presented for appeal.
Answer Applies to: Texas
Replied: 8/26/2011
Andersen Law PLLC
Andersen Law PLLC | Craig Andersen
He or she should not. He or she should recuse him or herself.
Answer Applies to: Washington
Replied: 8/25/2011
Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
No, the trial judge cannot be the appeal judge over the same matter. I hope that this was helpful.
Answer Applies to: Michigan
Replied: 8/25/2011
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
No, the judge would likely feel the need to recuse him or herself on the matter under appeal about which s/he has already ruled in the lower court.
Answer Applies to: Virginia
Replied: 8/25/2011
Law Office of Jared Altman
Law Office of Jared Altman | Jared Altman
I don't think so. No. That seems improper. He or she must bow out on that one.
Answer Applies to: New York
Replied: 8/25/2011
Freeborn Law Offices, P.S.
Freeborn Law Offices, P.S. | Steve Freeborn
No. A trial court judge can hear motions to reconsider, but not an appeal. An appeal is generally heard by a higher level court. Consult with an attorney.
Answer Applies to: Washington
Replied: 8/25/2011
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
Usually the judge would recuse himself and not hear the appela.
Answer Applies to: Kansas
Replied: 8/25/2011
    John V Commons, Attorney at Law
    John V Commons, Attorney at Law | John Commons
    I would expect that a Judge in that position would recuse himself. The Court administrator would not assign a case to a judge in that situation anyway.
    Answer Applies to: Indiana
    Replied: 8/24/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    No he would have to abstain from deciding that case.
    Answer Applies to: Michigan
    Replied: 8/24/2011
    Michael D. Fluke, P.A.
    Michael D. Fluke, P.A. | Michael D. Fluke
    I won't get technical, the answer is NO an appeals court judge cannot be part of a panel on a case where they were the presiding judge at trial.
    Answer Applies to: Florida
    Replied: 8/24/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    No. There would be a conflict and the appellate judge would abstain from being on the panel or voting on the case over which s/he presided.
    Answer Applies to: Texas
    Replied: 8/24/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Likely no, but the attorney must file a motion for the Judge to recuse himself/herself.
    Answer Applies to: California
    Replied: 8/24/2011
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    The appellate court judge will likely recuse him or herself from the matter on appeal.
    Answer Applies to: Washington
    Replied: 8/24/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    Your attorney should ask the judge to recuse himself in the matter. He cannot be impartial and determine if his own rulings were correct.
    Answer Applies to: New York
    Replied: 8/24/2011
    Michael J. Gardiner, Attorney at Law | Michael Gardiner
    No it would be extraordinary for a judge not to recuse themselves and of course,groundsforobjectionand a motion for recusal.
    Answer Applies to: Rhode Island
    Replied: 8/24/2011
    Connell-Savela
    Connell-Savela | Jason Savela
    That seems like a conflict of interest. I would assume that it would be impossible to have an objective view of the courts decisions in that situation.
    Answer Applies to: Colorado
    Replied: 8/24/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    Not usually, the judge likely will recuse themself. Also appeals courts typically sit in panels of three or more judges.
    Answer Applies to: Colorado
    Replied: 8/24/2011
    Law Offices of James A Bates
    Law Offices of James A Bates | James A Bates
    No. He or she has to recuse and not hear it.
    Answer Applies to: California
    Replied: 8/23/2011
    John Segelbaum, P.S.
    John Segelbaum, P.S. | John Segelbaum
    The judge should recuse himself from the appeal.
    Answer Applies to: Washington
    Replied: 8/23/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    That would require recusal of the judge, if accidentally assigned that judge. A case would never be assigned to the same judge.
    Answer Applies to: California
    Replied: 8/23/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    No, they will recuse themselves.
    Answer Applies to: California
    Replied: 8/23/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    I have not heard of that happening or seen it, but I would certainly think it would be a conflict of interest, and I would presume the judge would recuse himself or herself from the appeal.
    Answer Applies to: Minnesota
    Replied: 8/23/2011
    The Law Office of M. Elizabeth Foley | M. Elizabeth Foley
    Interesting situation. No, because the case would involve issues they'd already ruled on, and so wouldn't be able to give a "fresh look". But, that's not really a problem there are periodically conflicts of various sorts, and there are multiple judges that can substitute in when something like that happens. There are actually nine justices on each court of appeals, and normally they hear cases in three justice panels, with the other six not getting involved in that case.
    Answer Applies to: Texas
    Replied: 8/23/2011
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