Judges rarely are on trial for criminal acts. This is because they stand to lose everything; their careers, their pensions, their salaries, and even their lifestyles. Yet, if you see a judge on trial, you might be wondering how he or she manages to select a criminal lawyer to defend him/her. After all, there is a high chance that a judge knows most of the criminal lawyers in his/her jurisdiction. Here is how a lawyer selection for such a case typically goes.
Recuse until Approved
If the judge opts to have the court system blindly select a trial lawyer for his/her trial, the courts pick lawyers at random. In each instance, if there is any level of familiarity between the lawyer and the judge, it is in the lawyer's best interest to recuse him- or herself from representing the judge. Favoritism and nepotism are both reasons to avoid defending a judge; intimates, former intimates, family and close friends are all seen as being too close to the source.
They would have prior knowledge of how the judge acts and thinks, either giving their case an advantage or disadvantage, depending on which side of the courtroom the lawyers sit. Each lawyer who is too close to the judge physically or emotionally would have to recuse him/herself. Then whatever lawyer or lawyers are left would have to be selected to represent the judge. If there are no lawyers left, the judge would either have to represent him/herself or hire a lawyer from within the state but out of the jurisdiction.
The Judge Chooses a Lawyer
Of course, the whole process could be shortened if the judge chooses his/her defense lawyer. The chosen lawyer would have to go through a screening process to make sure that he/she can deliver an unbiased and objective defense. If approved, that lawyer represents the judge in the trial. As for the district attorney acting as plaintiff, he/she too would have to go through a screening process to make sure the scales of justice are not tilted unfairly in favor of the judge's release and acquittal.
The Judge Represents Him/Herself
The judge could always choose to represent him/herself in his/her case, too; this is because judges have law degrees and have been lawyers prior to becoming judges. It is risky, since the judge may know most of the bench judges as well, and the trial would come to a halt until there is a judge available who has not fraternized with the accused judge.
To learn more, contact a company like All Legal Solutions.