BigOrangeMojo
The Member in Miss December
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We don't know about their past relationship because he or the prosecutor did not bring it up as they should have. The onus is not on the defense to identify potential conflict of interests. The judge should have raised the issue from the start, discussed it with both parties, and explained why he is not recusing himself.
From an ethical perspective, it's up to the judge's discretion and judgment if this 30+ year old overlap where they worked at the same gigantic firm would make them impartial. Unless there was direct supervisory control or a recent close social connection, the judge did not have to disclose.
This is a Presidentially appointed judge and we'll known litigator. To "all of a sudden" not know of a prior work overlap is either incompetence or not the truth. It was likely all part of the appeals plan all along.