Tuesday, January 22, 2008

Appearance of Impropriety

A hearing officer in a worker's compensation claim adjudicated the merits of a carpel tunnel syndrome case. Six years earlier, the hearing officer had been represented by the same law firm that represented the claimant in a claim that had been defended by the same law firm. The hearing officer had lost in the earlier case, which also involved a carpel tunnel claim.  Notwithstanding the hearing officer's claim (accepted by the court) of a lack of bias and of not remembering the lawyers and firm firms from the case, the Delaware Supreme Court found that the situation created an appearance of impropriety and reversed the decision of the hearing officer. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2008/01/appearance-of-i.html

Judicial Ethics and the Courts | Permalink

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