Active Users:1195 Time:23/02/2025 08:27:42 PM
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.
Reply to message
Prop 8 Judge, assigned case by random, turns out to be gay - 11/02/2010 12:13:46 AM 905 Views
Re: Prop 8 Judge, assigned case by random, turns out to be gay *NM* - 11/02/2010 02:47:40 AM 301 Views
Hmm that's a tough one. - 11/02/2010 03:18:54 AM 525 Views
I am not questioning the judge ability to rule fairly. - 11/02/2010 04:21:16 AM 527 Views
I'm betting on 'Uphold', but his orientation probably won't effect the ruling either way - 11/02/2010 04:16:40 AM 507 Views
Why are you betting on Uphold? - 11/02/2010 04:22:03 AM 501 Views
California Supreme Court's ruling - 11/02/2010 05:42:35 AM 568 Views
This is federal court - 11/02/2010 02:22:58 PM 490 Views
Well, well, well, how the turn tables - 11/02/2010 05:00:56 AM 496 Views
Spin it DJ!!! *NM* - 11/02/2010 05:27:38 AM 192 Views
For what it's worth, I think he should recuse himself. - 11/02/2010 09:35:18 AM 519 Views
I should keep my nose out. - 11/02/2010 12:40:13 PM 546 Views
It doesn't automatically touch heterosexuals interests. - 11/02/2010 12:53:50 PM 522 Views
Yeah. - 11/02/2010 02:08:15 PM 486 Views
A lot of recusement is about self preservation, I think. - 15/02/2010 01:05:38 PM 508 Views
It was always going to be appealed. *NM* - 11/02/2010 05:50:45 PM 211 Views
He should recuse himself - 11/02/2010 02:41:24 PM 492 Views
Just for that I'm changing my mind! - 15/02/2010 01:07:29 PM 470 Views

Reply to Message