Wednesday, June 10, 2009

Threats Against Judge No Basis For Recusal

In a decision issued prior to the U.S. Supreme Court's opinion in Caperton v. Massey Coal, the New Mexico Supreme Court held that a judge had not abused her discretion in denying the recusal motion of a defendant with three criminal case before the judge. One of the pending cases involves a capital crime. The basis for the recusal motion was a fourth criminal case in which the judge is the alleged victim of threats by the defendant. The court here concluded that there was insufficient evidence of resulting bias and no appearence of impropriety. (Mike Frisch)

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