Is It Ethical for a Family Court Judge To Make Decisions After a Custody Trial?

Where a judge, absent a jury has listened to the testimony, heard the evidence, determined the credibility of parties and witnesses, and made a determination in a child custody case, one may wonder if continuing on a case thereafter dealing with similar issues, opens the door for a reasonable person to question a judge's ability to remain impartial.

September 21, 2023 at 02:00 PM

9 minute read

Judicial Ethics

Toby Kleinman

Daniel Pollack

In most civil cases and in all criminal cases, a jury hears testimony, reviews evidence, determines the facts and renders a final decision. While a judge tells the jury the principles of the law it must follow in rendering its decision, the jury decision is usually final.