I’m not questioning whether or not a Federal judge can issue a TRO that delays execution of immigration decisions or foreign policy actions…. I’m really interested (if the judge’s daughter is as described) as to folks’ thoughts that the appearance (or reality) of conflict is sufficient to require recusal. What do you say?

https://www.facebook.com/10000...YAGcBq1bYuWk1roqUl/?

. . . a start would be to understand the organization Partners for Justice, which is basically a legal aid or ACLU type organization for criminal defendants. I guess by that standard the Judge should have to recuse himself from any criminal case. Pretty sure that is not the standard for recusal, nor should it be. Perhaps a more meaningful discussion of conflicts of interest and the standards for recusal would be Clarence Thomas and the activities of his wife Ginni or perhaps the Justice’s vacation partners or underwriters.

If I remember correctly, the standard for District Courts has written guidelines for conflicts, but the SCOTUS does not. Whether or not that makes sense, I will not opine, But here, we are talking about a District Court judge. Should he even be on the case?

quote:

Originally posted by MJines:
. . . a start would be to understand the organization Partners for Justice, which is basically a legal aid or ACLU type organization for criminal defendants. I guess by that standard the Judge should have to recuse himself from any criminal case. Perhaps a more meaningful discussion of the standards for recusal would be Clarence Thomas and his wife Ginni.

Let’s hear the case for recusal . . . not simply that the judge’s daughter works for an organization that assists criminal defendants.

That is we need !

Two lawyers telling us what is right and what is wrong!

Bloody hell, Will wonders ever cease?

A "conflict of interest" is Elon Musk having hiring/firing authority over the FAA while trying to get the FAA to cancel a multi-million dollar contract to give it to him.

quote:

Originally posted by Jefffive:
A "conflict of interest" is Elon Musk having hiring/firing authority over the FAA while trying to get the FAA to cancel a multi-million dollar contract to give it to him.

No no no Jeff. It's not a conflict when those working for a convicted Felon and rapist do it in this white house.

conflit of interest occurs only with dissidents and opponents: the supreme leader of usa cannot be found with one nor all the trumpets and minions ...

quote:

Originally posted by JudgeG:
I’m not questioning whether or not a Federal judge can issue a TRO that delays execution of immigration decisions or foreign policy actions…. I’m really interested (if the judge’s daughter is as described) as to folks’ thoughts that the appearance (or reality) of conflict is sufficient to require recusal. What do you say?

https://www.facebook.com/10000...YAGcBq1bYuWk1roqUl/?

You're saying that a judge ought to recuse based on family members' political views?

Really?

quote:

If I remember correctly, the standard for District Courts has written guidelines for conflicts, but the SCOTUS does not.

The Supreme Court recently adopted a conflict of interest code for itself. But it leaves the conflicts issue up to each individual justice. In other words, it's the same as it always was. The new code is bullshit.

JudgeG, the standard you propose is too broad. If a judge's relative works for the PD or DA, is the judge automatically excluded from all criminal cases?

If a particular case is being prosecuted or defended by the judge's daughter, there would be a conflict as to that case. But not as to all cases.

Are you sure you're not seeing a conflict simply because the judge ruled against Trump?

For what it's worth, I'll tell a conflict-of-interest anecdote. Years ago I represented the City of Anchorage in a suit to invalidate a contract the city had awarded to the mayor's son.

We argued the appearance of a conflict of interest was enough to invalidate the contract. The court denied our motion for summary judgment. The mayor's kid had submitted an affidavit that his father had no financial or other interest in the kid's company.

So I took the kid's (he was in his thirties) deposition, which only took half an hour. Lo and behold, he admitted that his old man had made substantial loans to the kid's company.

Armed with the deposition, I filed a new MSJ, which the court granted. The actual conflict based on a financial interest was enough to invalidate the contract.

Unless you can show some financial or other interest in the organization the judge's daughter works for, there is no actual conflict of interest.