Views of William M. Windsor
Recusal - Another Constitutional Myth
- Created: Saturday, 07 July 2007 02:54
- Last Updated: Friday, 30 June 2017 17:46
- Published Date
- Written by William M. Windsor
But...you might say...when you have an unfair judge, you file a motion and ask them to recuse themselves so you get a new judge.
After all, the Constitution guarantees a fair trial before an impartial judge.
Wrong again! This is nothing but a myth.
We have no rights to a fair trial or an impartial judge. At least in the federal courts in Atlanta, Georgia, the odds are that you will not get a fair trial (or even a trial at all), and you will get a dishonest judge.
When you file your motion for recusal, guess who gets to decide if the judge has bias and is unfair? The judge that you are trying to get removed! And judges know they are biased, but they claim that you did not establish extra-judicial bias.
Extra-judicial bias means the bias came from outside the courtroom, unrelated to the lawsuit. So bias is allowed IN the courtroom -- the one place that there should be no bias.
I have a brief on recusal that I will add to this page. It's a great brief, but it doesn't matter in Atlanta, Georgia, and the story is probably the same in most federal courts.
