Legal Opinion
In Re: Boston's Children First
Court of Appeals for the First Circuit
Decided March 2, 2001No. 00-2430, 00-2431PublishedCited by 88 opinions
1Opinion of the Court
TORRUELLA, Chief Judge.
This petition involves the difficult question of whether a sitting district court judge should have recused herself after commenting publicly on a pending matter. Because we find that it was, in this case, an abuse of discretion for the judge not to recuse herself based on an appearance of partiality, we grant the writ of mandamus. In so doing, we emphasize that such a grant in no way indicates a finding of actual bias or prejudice, nor does it suggest that the trial judge abdicated any of her ethical responsibilities.
BACKGROUND
We briefly summarize the procedural…
2Cases cited22 opinions
- Liteky v. United StatesSupreme Court of the United States · 1994
- United States v. Grinnell Corp.Supreme Court of the United States · 1966
- In Re Murchison.Supreme Court of the United States · 1955
- United States v. Robert E. Cooley Ronald L. Taylor Gary P. Leber Merri W. Turner, Also Known as Merrie Foutz and Charles W. MatsonCourt of Appeals for the Tenth Circuit · 1993
- Terry Lynn Nichols v. Wayne E. Alley, District Judge, United States of America, Real Party in InterestCourt of Appeals for the Tenth Circuit · 1995
17 more not listed; retrieve them via the Exa API.
3Cited by88 opinions
- United States v. Microsoft Corp.Court of Appeals for the D.C. Circuit · 2001
- Andrade v. ChojnackiCourt of Appeals for the Fifth Circuit · 2003
- United States v. QuintanillaCourt of Appeals for the Armed Forces · 2001
- Cobell, Elouise v. Norton, GaleCourt of Appeals for the D.C. Circuit · 2003
- Elaine Marshall v. J. Marshall, IiiCourt of Appeals for the Ninth Circuit · 2013
83 more not listed; retrieve them via the Exa API.