Sunday, February 23, 2020

No Private Right

A criminal defendant has no right to seek a judge's disqualification in any matter other than his own, according to a decision of the Massachusetts Supreme Judicial Court.

His own demand was mooted by his guilty plea

Murphy's request for a general declaration that the judge should not sit on any criminal matters in Bristol County is also patently without merit. Murphy has no right as a matter of law to seek an order compelling a judge's recusal from any case other than his own. And to the extent his request can be seen as an attempt to enforce the Code of Judicial Conduct through a private action, he has no right to do that either. See Matter of the Petition of Smallwood, 470 Mass. 1018, 1019 (2014) ("there is no private right of action to obtain discipline of a judge").

(Mike Frisch)

 

https://lawprofessors.typepad.com/legal_profession/2020/02/a-criminal-defendant-has-no-right-to-seek-a-judges-disqualification-in-any-matter-other-than-his-own-according-to-a-decision.html

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