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Court rules out judge’s impartiality • Judge Lizama says colleague’s marital ties to a gov’t lawyer is no reason to disqualify him from hearing a case
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Posted on Aug 05 1999
In a small community where most people are related to one another, the question of conflict of interest is a common issue-and most likely, arises too often.
Hence the case of Superior Court Associate Judge John A. Manglona whose marriage to Asst. Atty. General Ramona Manglona has been raised in a criminal proceeding for the third time.
And for the third time, the Superior Court ruled that Manglona’s marital relationship with the government prosecutor was not enough reason to disqualify him from hearing a criminal case.
Associate Judge Juan Lizama recently denied a motion filed by defendant Alfredo Reyes, who had sought to disqualify Manglona from hearing his case on grounds that the judge’s wife works with Chief Prosecutor Kevyn Lynch, who is prosecuting his assault and battery case.
Reyes said because of the intimate nature of their relationship, “it can be presumed” that the couple “shares confidences regarding their personal and professional lives.”
But Lizama, citing two previous rulings on similar question, stated: “The fact that Judge Manglona’s wife is a criminal prosecutor…does not reasonably bring into question the judge’s partiality.”
Lizama ruled out the presumption that Judge Manglona and his wife engage in professional discussions “especially when the profession chosen by each spouse is governed by ethical standards regarding such communication.”
Lizama noted that Ramona is a lawyer and a court officer, who is bound by Model Rules of Professional Conduct.
In the same manner, Judge Manglona is similarly bound by the Commonwealth Code of Judicial Conduct.
Lizama said there is no indication that the Manglona couple’s marriage “has in any way altered their adherence to the applicable standards of professional responsibility.”
