Should a Judge remove him or herself from a Case for Disliking someone

Discussion in 'Law and Justice System' started by Dan Stubbs, Sep 7, 2018.

  1. Dan Stubbs
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    Dan Stubbs FORGET ---- HELL Gold Supporting Member Supporting Member

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    It was verified:

    In interviews with the Associated Press and the New York Times she remarked, “I can’t imagine what the country would be with Donald Trump as our president. For the country, it could be four years. For the court, it could be –I don’t even want to contemplate that.” Then she added that her husband would have declared, “Now it’s time for us to move to New Zealand.”
    The rules demanding disqualification are set forth very clearly by federal statute, 28 USC 455:Any justice…shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned. He shall also disqualify himself…where he has a personal bias or prejudice concerning a party.”
     
  2. NewsVine_Mariyam
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    NewsVine_Mariyam Gold Member

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    It depends on how ethical they are. Some people, probably not as many as we'd like, can dislike someone and still judge them according to the rule of law. Others will use every advantage they have over another - legal, ethical, hierarchical or otherwise - to achieve their goal whatever that may be.

    Our judges operate on the honor system (no pun intended), we rely on them to do the right and lawful thing by recusing themselves when there is a conflict of interest in a case that they're hearing. I've heard it said that they must avoid even the appearance of bias or conflict of interest.
     
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    Last edited: Sep 7, 2018
  3. fncceo
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    fncceo Gold Member

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    Sounds like potential grounds for appeal.
     
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