Laserfiche WebLink
09-27-2004 03:53PM FROM-DOL NATURAL RESOURCES 3038663558 T-244 P.005/011 F-454 <br />disqua].ification based on "alleged positional bias" because of <br />legal positions the judge while a lawyer took on behalf of <br />clients: <br />Every li.ti,lant i.s entitled to have his case hear_d by a <br />judge mindrul of [his or her] oath. But neither the oazh, <br />the disquatificati.on statute, nor the pxactice o.f the <br />former JUSi:ices of this Court guarantee alitigant that <br />each judge will start off from ciead center in his [or her] <br />willingnes3 or abi'lity to reconcile the opposing argument <br />of counsel with his undersLanding of the Consta.tution and <br />the law. L'hat bei.ng the case, it is not a ground f_or <br />disqualifi-::ation that a judge has prior to his no;nination <br />expressed nis then underszanding of the meaninq of some <br />pax'ticular provision of Lhe constitution. <br />Flamm'3 traatise on Judici.al Disqualification contains an <br />extensiVe discussion of the rule that a judge's view of Lhe law <br />bef.are, or after, his or her investiture does not constitute a <br />basis for disqualification. <br />Since it is both understood and accepted that judges do not <br />approach a case empty-headed, judicial bias will ordi.narily <br />not be presumed or inferred on the basis of the fact that a <br />judge has acquired an attitude or a genexal judica-al <br />philosoph} as a consequence of hi3 experience on the bencri, <br />or Lhat hE has developed views about maGters of law or <br />publ.ic po]icy. . . . <br />Richard E_ F1amm, .7udicial Disqualification: Recusal and <br />Disqualifa..caLic,n of J'udqes, S 10.2, at 293 (1996) (internal <br />citations omitted). In accordance with the case law, Flamm <br />stazes Char, th,:re is "a strong presumption that zhase who 3it in <br />a j udicia.l cap.Lcity are disinterested, imparLial, anci uribiased <br />in all matr-ers zhat come before them," and "it is the burden of