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Judicial disqualification laws existed in Roman law and early Jewish law, which disqualified judges from serving on cases of family, friends or enemies. [1]Civil law countries still have significant disqualification privileges, whereas common law countries, such as England, went in a different direction where recusal was required less often. [1]
Caperton v. A. T. Massey Coal Co., 556 U.S. 868 (2009), is a case in which the United States Supreme Court held that the Due Process Clause of the Fourteenth Amendment requires judges to recuse themselves not only when actual bias has been demonstrated or when the judge has an economic interest in the outcome of the case but also when "extreme facts" create a "probability of bias."
The chief judge complained, and ipso facto the judgments appeared. A simple warning was issued, and the judge retired. [9] In Louisiana there exist overlapping statutes and court rules, which require that cases be decided within 30 days of submission. They require the filing of a report, if that standard is exceeded.
Amendment 1 on the ballot has been a hot topic around New Orleans as judges face scrutiny over perceived leniency to criminals awaiting trial. What to know about Amendment 1 and how it will affect ...
Where appropriate, judicial discretion allows a judge to decide a legal case or matter within a range of possible decisions. However, where the exercise of discretion goes beyond constraints set down by legislation , by binding precedent , or by a constitution , the court may be abusing its discretion and undermining the rule of law .
The statue "Authority of Law" by artist James Earle Fraser is seen outside the U.S. Supreme Court Building in Washington, D.C., in 2010. Credit - Mark Wilson—Getty Images
The 2-1 ruling forbids the use of a map drawn up in January by the Legislature after a different federal judge blocked a map from 2022. An appeal of Tuesday’s ruling to the U.S. Supreme Court is ...
Louisiana ex rel. Francis v. Resweber , 329 U.S. 459 (1947), is a case in which the U.S. Supreme Court was asked whether imposing capital punishment (the electric chair ) a second time, after it failed in an attempt to execute Willie Francis in 1946, [ 1 ] constituted a violation of the United States Constitution .