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Yes, you CAN get a new judge...
Topic Started: Mar 12 2014, 10:04 AM (136 Views)
Quasimodo

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http://www.ohio.com/editorial/saving-justice-from-the-judge-1.471859

Saving justice from the judge
By Michael Douglas

March 8, 2014

Ask attorneys in town, and they cannot recall the last time in these parts that the federal appeals court removed a district judge from a case. The question arose late last month after the U.S. Court of Appeals for the Sixth Circuit pulled a case from Judge John Adams.

The three-judge panel pointed to precedent stressing that “reassignment is an extraordinary power and should be rarely invoked.” The ruling cites the test for weighing reassignment, including whether the step “is advisable to preserve the appearance of justice” and whether a switch would involve “waste and duplication out of proportion to any gain in preserving the appearance of fairness.”

This isn’t done lightly. Yet the judges concluded that Adams’ handling of the case was “questionable,” revealing bias and requiring the move to another courtroom.

The case involves a Stow firefighter, a nine-year veteran of the department who lost all vision in his right eye due to an accident unrelated to his work. He wants to return to duty. The city has balked, contending that his limited eyesight means he cannot perform the “essential functions” of the job.

The firefighter filed a lawsuit arguing the city violated the Americans with Disabilities Act, which requires that employers make reasonable accommodations for workers with disabilities. Judge Adams sided with the city in its request for summary judgment. Such a step is available to the defense when the facts necessary to decide the merits of a case are not in dispute. The judge rules on the law.

The attorneys for the firefighter, Dennis Thompson and Christy Bishop of Akron, challenged the ruling on summary judgment, citing the many disputed facts for a jury to weigh.

They also requested removal of the case from Adams because of his lack of impartiality.

(snip)

In considering a motion for summary judgment, a judge is supposed to view the evidence in the most favorable light to the plaintiff. The appeals court uses much of its 34-page ruling showing how Adams did the opposite, neglecting at many turns the disputed facts.

(snip)

Judge Adams often conducts himself as if imbued with a greater and inherent authority. A federal judge has much independence, and thankfully so. That shouldn’t translate into losing sight of what a judge owes the community.
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Quasimodo


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They also requested removal of the case from Adams because of his lack of impartiality.


I guess they must not have been big-name attorneys... (sarc/off)




(MOO)
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