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Asking for removal of a judge from a case | 185 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Asking for removal of a judge from a case
Authored by: rsteinmetz70112 on Monday, July 16 2012 @ 04:22 PM EDT
I think such a procedure is possible in the US but generally you first have to
ask the Judge to remove him or herself, and if the Judge refuses then you have
to have pretty convincing evidence that the Judge is biased. This is generally
to prevent litigants from shopping for Judges they feel are more sympathetic to
their case.

It seems in some districts it is customary for a Judge who is overruled on
appeal to recuse him or herself from the retrial. That was discussed in the
original SCO case but I don't think there was ever any solid evidence that was
what was going on, although that kind of process does make some sense.

---
Rsteinmetz - IANAL therefore my opinions are illegal.

"I could be wrong now, but I don't think so."
Randy Newman - The Title Theme from Monk

[ Reply to This | Parent | # ]

Asking for removal of a judge from a case - "recuse" is the word...
Authored by: webster on Monday, July 16 2012 @ 05:22 PM EDT
.

A party has to ask the judge to recuse himself for some reason, e.g. the judge's
former firm was the main firm for the other party. Courts are supposed to avoid
even the appearance of any impropriety especially one that may arise from any
conflict.

A party can also ask a judge to recuse himself for bias. No judge is going to
admit to such though the asking will inspire it. Judges are quick to raise any
issues that compromise their presiding over a case. Often they are the only one
that will pick up on it, e.g. "Mr. Jones was a client of mine," or
"I prosecuted Mr. Jones myself years ago."

So what is Novell to do? Ask the judge to recuse himself for technical
ignorance, ignoring and forgetting evidence, and bias toward the Monopoly?
That's like asking him to recuse himself because he is unfit.

As we recall from SCO v Novell, denying a jury trial is not something taken
lightly by the Court of Appeals. If Novell gets a new trial, they aren't going
to want to waste it in front of Motz. It is unlikely a third trial will go back
to Motz, particularly if the Court of Appeals is harsh with him. This was
another risky step by him with contrary facts on the record. Imagine him
refusing to recuse, and refusing Novell permission to appeal that! Novell would
have to file a 'mandamus' or some other extraordinary writ.

Granting a JMOL is very unusual and strange. That no one is surprised that Motz
did it is stranger yet.

~webster~

.

[ Reply to This | Parent | # ]

I think they take him out back and shoot him
Authored by: Ian Al on Tuesday, July 17 2012 @ 05:10 AM EDT
Although, that might just be for the U.S. Bankruptcy Court for the District of
Delaware.

---
Regards
Ian Al
Software Patents: It's the disclosed functions in the patent, stupid!

[ Reply to This | Parent | # ]

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