Gary Pearce posted on November 01, 2012 09:24
Here’s more fuel for the Paul Newby redistricting-recusal fire (see my blog yesterday). A lawyer notes recent comments by former U.S. Supreme Court Justice Sandra Day O’Conner and the contents of the N.C. Code of Judicial Conduct.
O’Conner, a Republican appointed by Ronald Reagan, has strongly criticized SuperPac participation in state judicial races, the type that has paid off big for Newby:
“You can get decent judges by election. But what you get these days is large campaign contributions when you have elections. And I don't think we should have any cash in our courtrooms. It doesn't belong there.
“How can the judge be expected to be absolutely fair and impartial if the donor is before him in the court?”
Then there’s Canon 3 of the state’s Code of Judicial Conduct:
“A judge should be faithful to the law and maintain professional competence in it. A judge should be unswayed by partisan interests, public clamor, or fear of criticism.”
Regarding disqualification of judges, the code says:
“On motion of any party, a judge should disqualify himself/herself in a proceeding in which the judge’s impartiality may reasonably be questioned, including but not limited to instances where…(t)he judge has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceedings.”
If Newby wins Tuesday, expect to hear more about this.