Question B.14, 2019 Legal Ethics Bar Exam

B.14.

(Question B.14, Legal and Judicial Ethics, 2019 Bar Exam)

While driving on his way to court, Judge D personally witnessed a vehicular accident between a motorcycle and a car. Subsequently, a criminal case arising from said accident was raffled to his court.

Should Judge D inhibit from this case? Explain. (3%)

Suggested Answer:

Yes. Answer

Under the Code of Judicial Conduct, a judge should take no part in a proceeding where the judge’s impartiality might reasonably be questioned, such as where the judge has personal knowledge of disputed evidentiary facts concerning the proceeding. Rule

In the case at bar, Judge D has personal knowledge of the vehicular accident having witnessed it himself. Accordingly, he cannot be expected to be impartial. Apply

Thus, Judge D should inhibit from the case. Conclusion

..

(Notice: The suggested answers simulate those that a bar examinee may provide, and thus specific citations are not provided. Notwithstanding, in the reviewers, the bar exam question is answered under the appropriate topic which discusses the concepts and principles, as well as provide for specific citations. Accordingly, please refer to it on the reviewer or in the Library.)

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