Ah I see what you mean. Yes that does appear to be a conflict of interest in Sussmans case.

Nonetheless, wouldn't this be just one string amongst the full web that Durham is ensnaring these rats in?

Also what would this judge be able to do in favor of Sussman despite an overwhelming amount of incriminating evidence and a jury ruling guilty? I'm sure he could only do so much without engaging in dereliction of duty.