DAR-0021
Conflict of Interest Policy for Magistrates and Judges with Family or Marriage Relationships
A. Purpose.
This policy is established to manage potential conflicts of interest that may arise when Magistrates and Judges within the same jurisdiction are related by family or marriage. The policy aims to ensure the preservation of judicial integrity, impartiality, and fairness while addressing situations where personal relationships could impact professional responsibilities.
B. Scope.
This policy applies to all Magistrates and Judges within Delaware County who are related by family or marriage to each other. It covers cases involving potential conflicts of interest and considerations for maintaining impartiality.
C. Policy.
1. Disclosure of Relationship: Magistrates and Judges who are related by family or marriage shall promptly disclose their relationship to court administration. This disclosure is essential to evaluate potential conflicts of interest and make appropriate arrangements.
2. Recusal and Assignment: For cases that a Magistrate or Judge recuses from, the related Magistrate or Judge is ineligible for special judge assignment on that case. If one has to recuse due to a conflict, both are ineligible to preside over that case.
2. Avoiding Influence: Magistrates and Judges related by family or marriage shall avoid discussing or attempting to influence each other's cases to maintain the separation of personal relationships from professional responsibilities.
3. Management Authority: Any Judge related to a Magistrate by family or marriage will never have any management authority or input into the employment of that Magistrate. Any Judge related to a Magistrate by family or marriage will abstain from any voting that involves employment matters of that Magistrate or the Magistrate’s court.
3. Documentation: All instances of recusal and case assignments related to the family or marriage relationships of Magistrates and Judges shall be documented in writing. This documentation ensures transparency and accountability in maintaining the integrity of the judicial process.
4. Training and Education: Magistrates and Judges shall receive ongoing training on the importance of impartiality, conflict of interest, and adhering to this policy. Training shall include guidance on how to handle situations that may lead to conflicts of interest due to family or marriage relationships.
5. Compliance Monitoring:
a. The court administration shall monitor compliance with this policy and address any breaches or concerns that arise.