The Judicial Inquiry Commission has considered your request for an opinion concerning
whether a judge may sit in a proceeding in which his spouse was, and the children are,
related to the defendant. The judge estimates that his children and the defendant are
sixth cousins. The proceeding is a capital case and prior to accidentally learning of the
relationship, the judge had presided over the trial and punishment stages of the case.
Only the sentencing phase remains.

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Categories: Advisory Opinions