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Old February 5th, 2004, 08:19 AM   #1
Dback Jon
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Question on ethics for everyone


Scenario:

You are being sued in court, before a panel of judges. Shortly after the court agrees to hear the case, you take one of the judges on an all-expenses paid vacation.

Conflict of interest?


Should the judge recuse himself from the trial?

Could this be considered bribery?
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Old February 5th, 2004, 08:22 AM   #2
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Is this hypothetical, or, have you been reading the newspaper about a certain Supreme Court Justice?
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Old February 5th, 2004, 08:22 AM   #3
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Is that a question that really needs to be asked? Doesn't seem like there's much gray area there.
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Old February 5th, 2004, 08:39 AM   #4
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I am trying to ask the question in a neutral manner, so there are no political underpinnings.
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Old February 5th, 2004, 08:56 AM   #5
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Re: Question on ethics for everyone


Quote:
Originally posted by Dback Jon
Scenario:

You are being sued in court, before a panel of judges. Shortly after the court agrees to hear the case, you take one of the judges on an all-expenses paid vacation.
Conflict of interest?
Should the judge recuse himself from the trial?
Could this be considered bribery?
Okay - I'll bite

Yes its a conflict of interest.

The judge should bring this up with the panel as well as the 2 parties involved in the case for everyone to make the decision on recusing himself. If no one has a problem - he can stay.

Unfortuantely - I think bribery can be only be determined after the end result and if the judge doesn't report anything about the vacation. If the judge votes for the party (that paid for his vacation) and it affected the decsion in their favor - then it sure looks like bribery.

But hey what do I know - I'm not a lawyer!
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Old February 5th, 2004, 09:03 AM   #6
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Your scenario is chronologically flawed. Always take the judge (or judges) on an all-expenses paid vacation only AFTER the decision has gone your way. Sheesh.
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Old February 5th, 2004, 10:08 AM   #7
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Do you know the judge? Are you close friends? If answer is NO, then, it is not a conflict of interest.

Honorable Justice Antonin Scalia and VP Richard Cheney are close friends. They go on vacations together all the time. There were here in Central PA a while ago hunting together. No conflict of interest there.
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Old February 5th, 2004, 10:34 AM   #8
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Quote:
Originally posted by SirStefan32
Do you know the judge? Are you close friends? If answer is NO, then, it is not a conflict of interest.

Honorable Justice Antonin Scalia and VP Richard Cheney are close friends. They go on vacations together all the time. There were here in Central PA a while ago hunting together. No conflict of interest there.
You are just saying that because it's Scalia.
Would you say the exact same thing if Clinton took Souter on a vacation right before one of his cases?


And Cheney did not hunt in PA - what he did can not be called hunting. letting farm raised Pheasants and Ducks out of a box, and then shooting them is not hunting.
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Old February 5th, 2004, 10:37 AM   #9
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Here are some facts surrounding this excercise:

http://biz.yahoo.com/law/040202/4d60...1d1ef1c_1.html
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Old February 5th, 2004, 10:43 AM   #10
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Quote:
Originally posted by WizardOfAz
Here are some facts surrounding this excercise:

http://biz.yahoo.com/law/040202/4d60...1d1ef1c_1.html
Thank You!

I was feeling like a village idiot trying to figure out where the thread was going!
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Old February 5th, 2004, 10:54 AM   #11
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Well I think that it is a conflict of interest.

Just as being friends with the person would be a conflict of interest.

However, I don't think it is bribery.

Scalia did show himself to be of decent moral fiber when he stepped aside before in a situation that was FAR less conflicted than this is.

Perhaps he will do the same.
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Old February 5th, 2004, 02:26 PM   #12
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Quote:
Originally posted by Dback Jon
You are just saying that because it's Scalia.
Would you say the exact same thing if Clinton took Souter on a vacation right before one of his cases?


And Cheney did not hunt in PA - what he did can not be called hunting. letting farm raised Pheasants and Ducks out of a box, and then shooting them is not hunting.
Ruth Bader Ginsburg and John Paul Stevens are both card-carrying members of ACLU. Should they recuse themselves from every single case ACLU handles?

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Old February 5th, 2004, 02:31 PM   #13
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One of the things that makes our justice system great is designed to be separate from two other branches of government. That, and for the most part, justices understand the need to avoid appearances of improprieties at all costs to maintain their impartiality.
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Old February 5th, 2004, 03:48 PM   #14
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Quote:
Originally posted by WizardOfAz
One of the things that makes our justice system great is designed to be separate from two other branches of government. That, and for the most part, justices understand the need to avoid appearances of improprieties at all costs to maintain their impartiality.
Bingo - Scalia and Cheney are both so arrogant about it - they figure since they got away with stealing the 2000 election, they can do whatever they want - treasonous b*****
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Old February 5th, 2004, 04:06 PM   #15
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Actually, they stopped Al Gore from "getting away" from stealing the election. You didn't answer my question Jon- should ACLU members on the SC (Ginsburg and Stevens for sure, and perhaps Breyer, though I couldn't confirm he is a member) recuse themselves from ACLU cases?
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