Conflict of interest

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minnpower
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Joined: Fri Feb 03, 2012 4:09 pm

Conflict of interest

Postby minnpower » Fri Feb 03, 2012 8:31 pm

I am trying to determine what would qualify as a conflict of interest. The judge, CPS agent, and prosecuting attorney all share active board membership on an anti-abuse non-profit initiative for the county (a separate entity from the court). They are all involved in this family court case, is this considered a conflict of interest? Would this be enough of a reason to file a complaint?

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good dad
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Re: Conflict of interest

Postby good dad » Sat Feb 04, 2012 8:53 am

When an individual has the responsibility to represent another person—whether as administrator, attorney, CPS worker, executor, government official, judge or trustee—a clash between professional obligations and personal interests arises if the individual tries to perform that duty while at the same time trying to achieve personal gain.


You would have to prove one or more of them is achieving personal gain... A non-profit doesn't pay but if you could prove they were getting some other type of "gain"... Clearly they are all getting more work from prosecuting these types of cases, but they will say they are trying to end abuse..

I don't know..
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Eljay
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Re: Conflict of interest

Postby Eljay » Sat Feb 04, 2012 12:49 pm

Agree w/good dad... a conflict of interest would usually come up when someone either has financial/business interests in common, or perhaps an atty represents or has represented one of the involved parties in the past (or currently). I.E. if the attorney was also the judge's personal divorce atty. Just because they know each other and associate with each other doesn't mean they share case information. My atty had worked with my child's atty during his internship. No conflict, in fact a benefit because they had a level of trust in eachother having worked together and knew their ethical foundations were sound.
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

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