OP
michaeledward
Grandmaster
- Joined
- Mar 1, 2003
- Messages
- 6,063
- Reaction score
- 82
- Thread Starter
- #21
Allow me to refer you, and your arguments back to this post.sgtmac_46 said:If he were an activist judge, he wouldn't recuse himself, he would simply find a way to impose his own moral beliefs.
Instead, he stated that he could not in good concience hear these cases. He, in essence, said "I cannot be unbiased on this, so another judge should hear this case". I guess you don't like that answer?
Sounds like what the judge did was a fair thing, remove himself from cases he did not feel he could judge impartially. Furthermore, judges recuse themselves from cases all the time....cases involving former clients, friends, relatives, former co-workers. Any case that brings to doubt in the mind of the judge that he can't be impartial are thought impartial, it is his DUTY to recuse himself.
I suspect I wouldn't see a leftist activist judge do the same...he would simply allow the case to go forward and secretly insert his/her biases in to the final decision. Remember, the judge has the final say. He can make up whatever justification for reaching a decision if that's what he wants, even if that justification has nothing to do with why they REALLY made the decision.
Instead, this judge honestly said he felt he should recuse himself from these cases.
If judges didn't recuse themselves, you'd be very upset wouldn't you? How mad would you be to get a DWI and then have to sit before a judge who lost his entire family to a drunk driver? Wouldn't you feel he should recuse himself? I have no doubt. Does that make him a bad judge if he does? Hardly.
Many in the same position would just quietly insert your prejudices. Open minded? Hardly, just the appearance of it. I applaud the judges honesty.
http://www.martialtalk.com/forum/showpost.php?p=430085&postcount=16
This is from the Ethical code of conduct for the State or Oregon. I would assume that every state has a similar clause in their code of ethics.
What is the appropriate action for a judge who is unable to uphold the code of ethics for his profession?(C) An Administrative Law Judge shall not, in the performance of official duties, by words or conduct, manifest bias or prejudice based upon sex, race, national origin, religion, sexual orientation, marital status, disability, age, or socioeconomic status.