I. Is a probate judge disqualified to hear a case involving a party where he previously served as the party’s guardian or federal fiduciary/payee? Answer: The judge should not hear such a case for a period of two years and, in any event, may not hear such a case if it involves a matter previously litigated while he served in either capacity, if he has a personal bias or prejudice, or if he has personal knowledge of disputed evidentiary facts. II. May a probate judge reappoint as the general conservator for his county an individual who is associated with the law firm of which he was a member before he became the probate judge? Answer: Yes.

DISQUALIFICATION OF PROBATE JUDGE TO HEAR CASES DUE TO PAST SERVICE AS PARTY’S GUARDIAN OR FEDERAL FIDUCIARY/ PAYEE; APPOINTMENT OF FORMER LAW FIRM ASSOCIATE  AS GENERAL CONSERVATOR

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Categories: Advisory Opinions