Legal News

NYC Bar Association: Recuse, but Please Provide Your Written Excuse
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

In a report released on Friday, the New York City Bar Association concluded that Supreme Court Justices should offer a written explanation either while recusing themselves from a case or when denying a request for disqualification. Refusing to do so, the 39-page report alleges, increases speculation about hidden bias.

Commenting on this matter of great importance and long-standing controversy, the NYC bar association’s report observed, “polls indicated that public confidence in the Court was reaching historic lows, while the belief that justices are influenced by personal or political considerations was reaching historic highs.”

The report drew attention to the recent controversies over the hearings of the healthcare law. That Justice Elena Kagan, who helped begin the formulation of the case as solicitor general of the Justice Department, and Justice Clarence Thomas, whose wife has ties to organizations opposing the law, both refused to recuse themselves from the case without any explanation.

  
What
Where


The report observed, “Justice Kagan herself, as well as Justice Thomas, made no public statement on the issue and simply proceeded to hear the case and cast their votes.” The report further observed, “There is rarely any transparency with respect to how Justices make recusal decisions, even though questions of unfaithfulness and bias, which have arisen since the Court’s inception, will only continue to be raised.”

The report also drew attention to the ABA’s Model Code of Judicial Conduct which asks judges to “disclose on the record information that the judge believes the parties or their lawyers might consider relevant to the question of disqualification, even if the judge believes there is no real basis for disqualification.”

The NYC bar association said “Opening the Court’s ‘black box’ in this limited respect will help the parties and the public to have confidence that the judicial oath to hear cases ‘faithfully and impartially’ is honored in practice by the highest court in the land.”

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!




Black box, indeed.





 

RELEVANT JOBS

Principal, Board Governance Advisor

USA-CA-Newport Beach

 The Principal, Board Governance Advisor is responsible for supporting the Board of Directors o...

Apply now

Attorney

USA-CA-Los Angeles

LA based law firm with multinational practice seeks a Patent Prosecution / IP attorney. 2+ years of ...

Apply now

Paralegal / Legal Assistant I (USAO)

USA-VA-Alexandria

Duties and Responsibilities • provide a variety of direct legal support assistance to the C...

Apply now

Associate Attorney

USA-LA-New Orleans

Greenbaum Breuer and Associates is a high-volume New Orleans, LA based firm that practices exclusive...

Apply now

BCG FEATURED JOB

Locations:

Keyword:



Search Now

Associate Attorney

USA-OR-Portland

Portland office of a BCG Attorney Search Top Ranked Law Firm seeks an associate attorney with 1 year...

Apply Now

Real Estate And Commercial Litigation Attorney

USA-FL-Vero Beach

Vero Beach office of a BCG Attorney Search Top Ranked Law Firm seeks a real estate and commercial li...

Apply Now

Litigation Associate Attorney

USA-CA-San Diego

San Diego office of a BCG Attorney Search Top Ranked Law Firm seeks a litigation associate attorney ...

Apply Now

SEARCH IN ARCHIVE

To Top