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A legal question...(6 posts)

A legal question...Tri_Rich
Jan 23, 2004 12:25 PM
"When a sitting judge, poised to hear a case involving a particular litigant, goes on a vacation with that litigant, reasonable people will question whether that judge can be a fair and impartial adjudicator of that man's case or his opponent's claims"

Is this a legally correct position, should the judge in question recuse him/herself? What if the case is being heard on appeal?
not really a legal questionmohair_chair
Jan 23, 2004 12:59 PM
I don't believe it is illegal for a judge to preside over the case of a friend or associate. But this is an obvious case where the opponent should ask that the judge recuse him or herself, because it basically introduces grounds for appeal before the trial even starts. If the judge will not voluntarily step down, the motion should be taken to another judge for a ruling.
really a legal questionJack9
Jan 23, 2004 9:12 PM
Yea, but who can ask a Supreme Court Judge to recuse himself?
Uh, oh....Dave_Stohler
Jan 23, 2004 11:16 PM
I smell a troll coming.....
Anyone with standing before the Court, or the CJ. (nm)53T
Jan 26, 2004 1:56 PM
re: A legal question...jtolleson
Jan 25, 2004 10:21 AM
The Code of Judicial Conduct doesn't have the kind of specific directives for friends as it has for business partners and relatives, but any judge worth his/her salt would voluntarily recuse to avoid the "appearance of impropriety" (at a minimum). A party to the case can also file a motion for recusal which would preserve the issue for appeal.