AO01 770
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.
