17
Jul
14

Part Time Judging And Conflicts

A lawsuit between the landlord of a property occupied by tenant The Metro Atlanta Task Force for the Homeless has been getting some press as the landlord attempts to evict it homeless services tenant.  The case has now raised a somewhat quirky issue potentially applicable to all part-time judges who practice law: whether an attorney, who is also a part-time judge, must be disqualified for what might be a passing involving in the case.

judgeschwall

Waffle House makes good coffee

The lawsuit was originally filed by Ichthus Community Trust.  That entity was acquired by Premium Funding Solutions.  A month ago, Louis Levinson entered an appearance for PFS.

The Code of Judicial Conduct precludes a part-time judge from acting “as layers in proceedings in which they have served as judges or in any other proceeding related thereto.”

The motion filed by the Task Force alleges that Levinson signed a transfer order related to the case while serving as a Magistrate Judge in Fulton County.  According to the Daily Report, Levinson has argued that he is not representing Ichthus, his client PFS was not a party to the case in the Magistrate Court, and the order he signed was a consent order handed to him because he was on duty that day – not because he actually held a proceeding in the case.

Without question, Magistrate Judges sign hundreds of orders without “getting involved” in the case in any meaningful way.  If your primary job is practicing law, it certainly raised the potential to cause conflicts, as alleged here.  How Judge Schwall deals with this will be interesting.

Advertisements

0 Responses to “Part Time Judging And Conflicts”



  1. Leave a Comment

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s


Kim Jackson Cleans Up The Mess

Follow Attorney Defender on Twitter

Post Topics

Advertisements

%d bloggers like this: