Credit: Pichsakul via Adobe Stock Utah Judge 'Should Have Recused Himself' From Case Involving Former Client, Judgment Still Affirmed
"While Samudio did not express any concerns about Judge Torgerson's impartiality when his probation was revoked in the present case—perhaps having expected that his former attorney would view him more sympathetically than would another judge—he does so now, arguing that the judge should have recused himself based on this past representation," Judge David N. Mortensen said in his written opinion for the court. "Samudio thus appeals."
October 09, 2023 at 05:33 PM
4 minute read
Judicial Ethics
The Utah Court of Appeals held that a judge who revoked a defendant's probation should have recused himself because he previously served as defense counsel for the same defendant, but the court declined to reverse the judgment, finding the defendant failed to show he was harmed by the decision.
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