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  1. #1

    Default What Happens if a Judge Gets Arrested

    My question involves criminal law for the state of: Georgia, New York

    Clearly, they wouldn't be able to hear their own case. That's obvious though. However, what I wondered about is if the crime was unrelated to the work that they do as a judge (e.g. they're not corrupt or anything like that) whether they would be able to continue serving as a judge or not? I'm not talking about misdemeanors here, not felonies, as I would imagine that a judge would be removed from office if they got convicted of a felony. Also, would having been arrested for a misdemeanor in the past legally prevent someone from being elected as a judge?

  2. #2
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    Default Re: What Happens if a Judge Gets Arrested

    Quote Quoting Steve418
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    My question involves criminal law for the state of: Georgia, New York

    Clearly, they wouldn't be able to hear their own case. That's obvious though. However, what I wondered about is if the crime was unrelated to the work that they do as a judge (e.g. they're not corrupt or anything like that) whether they would be able to continue serving as a judge or not? I'm not talking about misdemeanors here, not felonies, as I would imagine that a judge would be removed from office if they got convicted of a felony. Also, would having been arrested for a misdemeanor in the past legally prevent someone from being elected as a judge?
    https://ballotpedia.org/Judicial_selection_in_New_York

    According to that link as long as they remain a licensed attorney a misdemeanor doesn't appear to preclude them from being a judge. You have to kind of read between the lines though.

    https://ballotpedia.org/Judicial_selection_in_Georgia

    It seems to be similar for Georgia. It looks like whatever crime committed would have to be enough to get someone disbarred in order to make them ineligible to be a judge.

    I suspect however that for both states, appointed judges would be looked at very carefully by whoever is responsible to appoint them.

  3. #3
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    Default Re: What Happens if a Judge Gets Arrested

    Quote Quoting llworking
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    According to that link as long as they remain a licensed attorney a misdemeanor doesn't appear to preclude them from being a judge. You have to kind of read between the lines though.
    The OP's questions are a bit ridiculous and broad. If he has a specific situation he wants to find out about he should say so and provide those details. He doesn't say what jurisdiction he's talking about, or how two states are involved.

    FYI in New York one does not have to be an attorney in order to be elected a judge in a town or village.

  4. #4
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    Default Re: What Happens if a Judge Gets Arrested

    many many judges hold elected positions and I agree not all have to be attorneys....

  5. #5
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    Default Re: What Happens if a Judge Gets Arrested

    Quote Quoting hr for me
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    many many judges hold elected positions and I agree not all have to be attorneys....
    As far as FEDERAL judges goes, there's no requirement they be attorneys (in fact, there are no set requirements PERIOD).

    In Georgia, judges must be attorneys who have practiced for seven years and be residents of the state. A conviction doesn't automatically disqualify.
    Similarly, NY has residency and attorney practice requirements that vary depending on which court is involved. There's a max age of 70 as well, but again criminal convictions do not matter.

    In both states, a criminal conviction doesn't lead to automatic disbarment. It usually has to be some either a very heinous crime or something specifically related to attorney ethics (such as stealing from clients).

  6. #6
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    Default Re: What Happens if a Judge Gets Arrested

    Quote Quoting Steve418
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    My question involves criminal law for the state of: Georgia, New York

    Clearly, they wouldn't be able to hear their own case. That's obvious though. However, what I wondered about is if the crime was unrelated to the work that they do as a judge (e.g. they're not corrupt or anything like that) whether they would be able to continue serving as a judge or not? I'm not talking about misdemeanors here, not felonies, as I would imagine that a judge would be removed from office if they got convicted of a felony. Also, would having been arrested for a misdemeanor in the past legally prevent someone from being elected as a judge?
    Yes they can. In fact a judge in my area had committed a crime and continued on the bench through the entire period of his prosecution and penalty phase.

    I cant tell you if it was a misdemeanor or felony offhand but it was definitely one of the two.

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