For Judge in Firefighter Discrimination Case, an Evolving Opinion

[dadbo46 50]

From today's NY Times:

For Judge in Firefighter Discrimination Case, an Evolving Opinion

By MOSI SECRET

Judge Nicholas G. Garaufis, accused by his critics of being publicity-seeking, has seemed to change his views on the government’s role in helping minorities.

http://www.nytimes.c...ml?ref=nyregion

[Bnechis 3,961]

http://meritmattersusa.blogspot.com/2012/10/well-whaddya-know.html

Monday, October 8, 2012

Well, Whaddya Know!

Based on his score, the nephew of Judge Nicholas Garaufis was probably not going to be hired from the last FDNY hiring list, but he now has a very good list number resulting from a test crafted at the Judge’s direction and approved by him.

What does the law say with regards to judicial recusal? Glad you asked. The U.S. Code (28 U.S.C. Section 455) states:

"Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.

"He shall also disqualify himself in the following circumstances:

"He or his spouse, or a person within the third degree of relationship to either of them, or the spouse of such a person…is known by the judge to have an interest that could be substantially affected by the outcome of the proceeding."

Yes, a nephew is within the third degree of relationship according to this law.

[RFR 12]

Maybe they should skip him. Somebody has to get jumped.