A lot of recusement is about self preservation, I think.
Joel Send a noteboard - 15/02/2010 01:05:38 PM
Some of them may think it does, but it's not a given that all of them do. The outcome of this case has a direct bearing on the liberty of the judge hearing it, and that seems like a conflict of interest to me, not potentially, but certainly. There's a reason judges have the ability to recuse themselves, after all; I don't really think he'd interject deliberate bias, but I can't see how anyone could be completely objective about something that so directly bears on their own life. Hence the point others have raised: No matter what he decides the losing side will allege bias, taking it from "probable appeal" to "mortal lock. "
Either way, it's probably much better for him personally to step out.
I think it's probably better for everyone involved, unless he really feels he can objectively rule and another judge won't. If nothing else, when it comes to the law it's best to avoid even the appearance of impropriety. "Caesars wife must be above suspicion" and all that.
Honorbound and honored to be Bonded to Mahtaliel Sedai
Last First in wotmania Chat
Slightly better than chocolate.
Love still can't be coerced.
Please Don't Eat the Newbies!
LoL. Be well, RAFOlk.
Last First in wotmania Chat
Slightly better than chocolate.
Love still can't be coerced.
Please Don't Eat the Newbies!
LoL. Be well, RAFOlk.
Prop 8 Judge, assigned case by random, turns out to be gay
11/02/2010 12:13:46 AM
- 858 Views
Re: Prop 8 Judge, assigned case by random, turns out to be gay *NM*
11/02/2010 02:47:40 AM
- 276 Views
I'm betting on 'Uphold', but his orientation probably won't effect the ruling either way
11/02/2010 04:16:40 AM
- 456 Views
Why are you betting on Uphold?
11/02/2010 04:22:03 AM
- 452 Views
For what it's worth, I think he should recuse himself.
11/02/2010 09:35:18 AM
- 476 Views
I should keep my nose out.
11/02/2010 12:40:13 PM
- 494 Views
It doesn't automatically touch heterosexuals interests.
11/02/2010 12:53:50 PM
- 479 Views
Yeah.
11/02/2010 02:08:15 PM
- 434 Views
A lot of recusement is about self preservation, I think.
15/02/2010 01:05:38 PM
- 459 Views
It was always going to be appealed. *NM*
11/02/2010 05:50:45 PM
- 193 Views
Yes, but if he doesn't recuse it's guaranteed, whatever the outcome.
15/02/2010 01:06:32 PM
- 433 Views