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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. ;)
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