Monday, August 4, 2008

No Recusal of Judge for Jamie Olis

Jamie Olis' motion to recuse Judge Sim Lake from his case was denied by Judge Sim Lake.  The court found the motion untimely and insufficient.  Here is one passage from the judge's decision:

"Olis states that when Shelby moved to Phoenix in 1997 the court gave Shelby a gift and told him that the court knew he would be back someday. However, Olis neither describes the gift nor the circumstances under which it was given. Since Olis fails to state facts showing that prior to giving Shelby the gift the court ever met Shelby socially as opposed to professionally in open court, and since the word “gift” covers a wide array of items including items that are given to professional acquaintances merely as souvenirs or symbolic gestures of good will, absent allegations showing that the gift was more than a souvenir or symbolic gesture of good will, Olis’ statement that over ten years ago the court gave Shelby a going-away gift does not support an inference that the court and Shelby shared a close personal friendship."

Recusal motions seem to be a hot topic these days. See Marcia Coyle, National L.J.,  High Court Review Sought on Judicial Recusals; Howard Bashman, How Appealing here.

(esp)

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