Foreclosure
questions & answers
Question: We received a tro from district court on our foreclosure it was mysteriously remanded to state court then dismissed by state court we are under appeal to 9th circuit. It turns out opposing counsel clerked for judge at the AZ supreme court and US court of appeals for the ninth circuit. Neither the judge or opposing counsel disclosed there past relationship! Is this not a conflict of interest? Is the judge not required to disclose there past relationship? Is the lawyer not required to disclose there past relationship? Is it of any use in a dismissal?
Answer: Model Rules of Professional Conduct would be the relevant rules here in regards to whether the lawyer or judge acted properly. They can be found here on the American Bar Association's website: http://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/model_rules_of_professional_conduct_table_of_contents.html. Typically, a lawyer or judge has to disclose a previous relationship when it creates a conflict of interest. Without knowing more about the specific situation, it is difficult to ascertain whether there is a true conflict of interest or not. This website is not intended to provide legal advice and cannot do so by law. If a lawyer is necessary to resolve this matter, please visit the Legal Assistance tab on this website (http://azlawhelp.org/legalaidlisting.cfm).
QUESTIONS
-
We received a tro from district court on our foreclosure it was mysteriously remanded to state court then dismissed by state court we are under appeal to 9th circuit. It turns out opposing counsel clerked for judge at the AZ supreme court and US court of appeals for the ninth circuit. Neither the judge or opposing counsel disclosed there past relationship! Is this not a conflict of interest? Is the judge not required to disclose there past relationship? Is the lawyer not required to disclose there past relationship? Is it of any use in a dismissal?
STORIES
LegalLEARN
-
Free & Reduced Fees Legal Aid Resources
Click Here to apply online, or call
866-637-5341.
YOUR FEEDBACK IS NEEDED
- Let us know how we are doing! Please take a couple of minutes to fill out our survey.
FIND LEGAL HELP
- Please select your county of residence below.
OTHER LEGAL RESOURCES
-
State Bar of Arizona
www.azbar.org -
Maricopa County Bar
www.maricopabar.org
Referral number 602-257-4434 -
Pima County Bar
www.pimacountybar.org
Referral number 520-623-4625 -
National Domestic Violence Hotline
800-799-7233 -
Bankruptcy Court Self Help Center
866-553-0893 -
Certified Legal Document Preparer Program
Link
ORGANIZATIONS
- American Civil Liberties Union of Arizona
View full description - Friendly House Immigration Service
View full description - Confidential Intermediary Program
View full description - Community Legal Services - Mohave County
View full description - Quilt Modest Means Program
View full description