Can a judge represent a party after a divorce case?

Full question:

Is it legal for a judge in a diviorce case to latter represent one of the parties in on going legal action as an attorney?

  • Category: Courts
  • Subcategory: Attorneys
  • Date:
  • State: Colorado

Answer:

According to the Colorado Rules of Professional Conduct, a lawyer cannot represent someone in a matter where they previously served as a judge or adjudicative officer unless all parties involved give informed consent in writing (Rule 1.12(a)).

A lawyer is also prohibited from negotiating for employment with a party involved in a matter they are currently overseeing (Rule 1.12(b)). If a lawyer is disqualified under these rules, no lawyer from their firm can represent a party in that matter unless specific conditions are met, including screening the disqualified lawyer from participation and notifying the parties (Rule 1.12(c)).

However, an arbitrator who was selected as a partisan of a party in a multi-member arbitration panel can later represent that party (Rule 1.12(d)).

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In legal terms, a lawyer and an attorney are often considered the same, as both refer to someone who is licensed to practice law. However, the term 'attorney' typically implies that the individual represents clients in legal matters. Therefore, neither has more power than the other; their roles depend on the context in which they operate.