Recusal : of a judge : The Due Process Clause
incorporated the common-law rule requiring recusal when a judge has “a direct,
personal, substantial, pecuniary interest” in a case, Tumey v. Ohio,
273 U. S. 510, 523, but this Court has also identified additional instances
which, as an objective matter, require recusal where “the probability of actual
bias on the part of the judge or decisionmaker is too high to be
constitutionally tolerable,”(…) that “every procedure which would offer a
possible temptation to the average man as a judge to forget the burden of proof
required to convict the defendant, or which might lead him not to hold the
balance nice, clear and true between the State and the accused, denies the
latter due process of law.”(…) The proper constitutional inquiry was not
“whether in fact the justice was influenced,” id., at 825, but
“whether sitting on that case . . . ‘ “would offer a possible temptation to
the average . . . judge to . . . lead him not to hold the balance nice, clear
and true,” ’ ” ibid. While the “degree or kind of interest . . .
sufficient to disqualify a judge . . . ‘could not be defined with precision,
’ ” id., at 822, the test did have an objective component (…) the Court
noted that the objective inquiry is not whether the judge is actually biased,
but whether the average judge in his position is likely to be neutral or there
is an unconstitutional “ ‘potential for bias (…) The proper inquiry centers on
the contribution’s relative size in comparison to the total amount contributed
to the campaign, the total amount spent in the election, and the apparent
effect of the contribution on the outcome (…) And because the States may have
codes of conduct with more rigorous recusal standards than due process
requires, most recusal disputes will be resolved without resort to the
Constitution, making the constitutional standard’s application rare (U.S.S.Ct., 08.06.09,
Caperton v. A.T. Massey Coal Co., J. Kennedy).
Monday, June 8, 2009
Caperton v. A.T. Massey Coal Co.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment