A lot of recusement is about self preservation, I think.
Joel Send a noteboard - 15/02/2010 01:05:38 PM
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
1279 Views
Re: Prop 8 Judge, assigned case by random, turns out to be gay *NM*
- 11/02/2010 02:47:40 AM
475 Views
I'm betting on 'Uphold', but his orientation probably won't effect the ruling either way
- 11/02/2010 04:16:40 AM
795 Views
Why are you betting on Uphold?
- 11/02/2010 04:22:03 AM
806 Views
For what it's worth, I think he should recuse himself.
- 11/02/2010 09:35:18 AM
812 Views
I should keep my nose out.
- 11/02/2010 12:40:13 PM
856 Views
- 11/02/2010 12:40:13 PM
856 Views
It doesn't automatically touch heterosexuals interests.
- 11/02/2010 12:53:50 PM
856 Views
Yeah.
- 11/02/2010 02:08:15 PM
818 Views
A lot of recusement is about self preservation, I think.
- 15/02/2010 01:05:38 PM
818 Views
- 15/02/2010 01:05:38 PM
818 Views
It was always going to be appealed. *NM*
- 11/02/2010 05:50:45 PM
354 Views
Yes, but if he doesn't recuse it's guaranteed, whatever the outcome.
- 15/02/2010 01:06:32 PM
780 Views
