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?

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