United States v. Butcher

I agree with the majority that abuse of discretion is the proper standard of review of *95a military judge’s recusal decision.1 Although, I conclude that the military judge’s extra-trial activities were imprudent, his refusal to recuse himself in this case did not constitute error. Finally, I cannot accept the finding of “waiver” of the unreasonable-multiplieation-of-charges claim nor will I join an opinion effectively granting the lower courts equity-type powers under Article 66(c), UCMJ, 10 USC § 866(c). See United States v. Quiroz, 55 MJ 334, 345 (2001) (Sullivan, J., dissenting).

Recusal

The…