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Questions of Judicial Ethics ?

 
 
Reply Tue 11 Sep, 2007 01:37 am
Questions of Judicial Ethics :

Referring to a Bench Trial:

1. During trial, air conditioner is too noisy, and not used.
After first day of trial, court reporter complains of temperature.
Counsel for one of the defendants offers use of one of his conference rooms
for the duration of the trial, for the better comfort of everyone.

After discussion with all counsel, evincing an affirmative consensus,
and without objection, the judge accepts the offer
and changes the venue to the conference room,
where trial proceeds for 2 more days, without objection to this venue.

Does that have the appearance of impropriety ?



2. During a recess, after off-the-record discussions of good local restaurants,
the wife of a defendant tells the judge:
" Your Honor, we have taken the liberty
of making a reservation for u at this restaurant at 6:30.
A cab will be ready for u downstairs at 6:15. "

Believing that these services are slight and below any level of significance,
( i.e., too slight to be improper )
the judge attends the restaurant, pays for his own meal
and pays his cab fare in both directions.
The following morning, counsel for the plaintiff begifts the judge
with a menu for another restaurant that she recommends.

Does this entail the appearance of impropriety ?

The case has not yet been decided.
Shud the judge recuse himself ?
Shud the judge hold a conference to discuss the possibility of recusal for these reasons ?

David
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