Can an appeals court judge hear the appeal of a trial they presided over as a trial court judge? 39 Answers as of July 03, 2013

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
Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
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
    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
    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
    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
    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
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