References
- Hays , Steven W. and Graham , Cole Blease Jr . 1993 . Handbook of Court Administration and Management , New York : Marcel Dekker .
- Wheeler , Russell R. and Whitcomb , Howard R. 1977 . “ What Is Judicial Administration? A Tedious Effort to Explain Some Basic Concepts ” . In Judicial Administration: Text and Readings , 1 – 23 . Englewood Cliffs, New Jersey : Prentice-Hall .
- This sampling is drawn from topics in the Legal Notes section of Justice System Journal.
- 1991 . Justice System Journal , 14-15 : 502 – 522 .
- 1993 . Antoine v. Byers & Anderson, , 113 S.Ct. 2167 absolute immunity refused
- 1981 . United States v. Will , 449 U.S. 200 once pay increase is in effect, it may not be withdrawn
- 1989 . Mistretta v. United States , 488 U.S. 361 such participation upheld
- 1991 . Chisom v. Roemer , 111 S.Ct. 2354 state judicial elections subject to Section 2); Houston Lawyers Association v. Attorney General, 111 S.Ct. 2376 (199l)(election of trial judges so covered)
- Wasby , Stephen L. 1992 . O.T. 1990: The Year of the Judge . Justice System Journal , 16 : 136 – 146 . Gregory v. Ashcroft, 111 S.Ct. 2395 (1991). This case and those in the previous note are discussed
- 1978 . Stump v. Sparkman , 435 Judges are absolutely immune from suit for damages but plaintiffs prevailing in suits against them under 42 U.S.C. §1983 may obtain attorney's fees from them. Pulliam v. Allen, 466 U.S. 522 (1984)
- On the latter, see, for example, Burr v. Mmreo, 360 U.S. 564 (1959)(absolute privilege for allegedly libelous statements by agency director in press release); Butz v. Ecommou, 438 U.S. 478 (1978)(absolute immunity for agency official acting in judicial capacity); and Harlow v. Fitzgerald, 457 U.S. 800 (1982)(only qualified immunity for presidential assistants).
- See, for example, Withrow v. Lankin, 421 U.S. 35 (1975)(combination of functions of prosecutor and judge does not automatically equal impermissible bias); Gibson v. Berryhill, 4 1 1 U. S. 564 (1973)(pecuniary interests of board members preclude judging "unprofessional conduct" of member of profession); and Association of National Advertisers v. Federal Trade Commission, 627 F.2d 1151 (D.C. Cir. 1980), cert. denied, 447 U.S. 921 (1980)(FTC chair's speech on issue before Commission did not disqualify him from participating in rulemaking).
- Haines v. Liggett Group, 140 F.R.D. 681, 683-684 (D.N.J. 1992).
- Haines v. Liggett Group, Inc., 975 F. 2d 8 1, 98 (3rd Cir. 1992). Based on that ruling, Judge Sarokin also withdrew from another major cigarette case. Cipollone v. Liggett Group, Inc., 799 F.Supp. 466 (D.N.J. 1992).
- Lioeberg v. Health Services Acquisition Cop. , 486 U . S . 847 (1988).
- Liteky v. United States, 1 14 S. Ct. 1 147 (1994).
- For discussion, see Wasby, Stephen L. "Recusal of Federal Judges: A Discussion of Recent Cases." Justice System Journal 14-15 (1991):532-533.
- United Stares v. Bosch, 951 F.2d 1546, 1553 (9th Cir. 199 l)(O'Scannlain, J., dissenting).
- United States v. Hehley, 760 F.Supp. 338 (S.D.N.Y. 1991).
- See In re Mason, 916 F.2d 384 (7th Cir. 1990)(denying recusal, in part because the defendants were sued only in their official capacities); Schun Communications v. Federal Corrmmications Commission, 982 F.2d 1057 (7th Cir. 1992).
- For discussion of some situations, see Wasby, "Recusal of Federal Judges, " pp. 536-538.
- In re Barry, 946 F.2d 913, 914 (D.C.Cir. 1991); United States v. Barry 961 F.2d 260 (D.C.Cir. 1992). However, in the first ruling, Judge Harry Edwards, dissenting, thought the majority had imposed a requirement that prejudice be shown before recusal was warranted, thus undercutting the Supreme Court's requirements.
- In re School Asbestos Litigation, 977 F.2d 764, 770 (3rd Cir. 1992).
- Unitedstates v. Escobar, 803 F.Supp. 611, 618 (E.D.N.Y. 1992).
- United States v. Richey, 924 F.2d 857, 868 (9th Cir. 1991)(Reinhardt, J., dissenting). Judge Reinhardt argued that "the only relevance of [the] failure to file a recusal motion is with respect to the remedy to be imposed for a recusal violation, not with respect to with whether a violation occurred." Ibid., p. 868 n. 8.
- United States v. Mavroules, 798 F. Supp. 6 1 (D. Mass. 1992)
- For an example, see In re San Juan Dqmnl Plaza Hotel Fire Litigation, 129 F.R.D. 409 (D.P.R. 1989), discussed at Justice System J o u d 14-15 (1991):509-511.
- 1990 . MacNeil v. Americold Corp , 735 F.Supp. 32, 36 (D.Mass)
- For a very thorough recent discussion based on examination of actual complaints and on interviews with judges, see Marcus, Richard L. "Who Should Discipline Federal Judges, and How?" 149 F.R.D. 375 (1993). This includes discussion of interrelations among various procedures used by individuals to pursue their complaints of judicial impropriety.
- Tumey v. Ohio, 273 U.S. 510 (1927); Ward v. City of Monroeville, 409 U.S. 57 (1962).
- Aetna Life Insurance Co. v. Lavoie, 475 U.S. 8 13, 828 (1986).
- In a matter unrelated to this transaction, Judge Collins later was convicted of accepting a bribe; he resigned from his judgeship before impeachment proceedings took place.
- Liljeberg 859
- Ibid., pp. 872-873. For a more complete discussion of the case, see Wasby, "Recusal of Federal Judges," pp. 526-528.
- Supreme Court of the United States, "Statement of Recusal Policy with Attachment, " (November 1, 1993) to be found at 113 S.Ct. cix (1993). For a recent example of a lower court ordering a judge's recusal where the judge's daughter had participated in taking depositions which were in the case record, although the daughter was no longer with the law firm in the case, see In re Aem Casualty and Surety Co., 919 F.2d 1136 (6th Cir. 1990).
- Griswold , Erwin N. and Gellhorn , Ernest . 1994 . High Court Recusal: Just the First Steps . National Law Journal , 919 April : A21 – A22 .
- The case was Brutsche v. Cleveland-Perdrce, cert. denied, 111 S.Ct. 368 (1990).
- Laird v. Tahun, 408 U.S. 1 (1972).
- Laird v. Tafum, 409 U.S. 824, 835 (1972).
- "Statement of Recusal Policy," op. cit., p. cxi.
- Ibid. cix
- Ibid. cx
- Ibid. 1155
- Ibid. 1157
- Ibid
- Ibid. 1158 1159
- Ibid. 1161
- Ibid. 1158
- Ibid. 1161 1162