Sentences with phrase «by judicial bias»
The Ninth Circuit directed the lower court to consider whether the case was tainted by judicial bias, or whether the defendant received a fair trial in a fair tribunal.
http://www.faircourtslitigation.org/ Not exact matches
Judicial bias against the unrepresented is real, but it's sometimes justified by all the nonsense judges hear from non-lawyers.
The Canadian Judicial Council panel's ruling released Aug. 20, states that questioning by the committee's counsel, George Macintosh, of witnesses Michael Sinclair, former managing partner of Douglas» former law firm, and of her husband Jack King, «created a reasonable apprehension of bias on part of members of the committee.»
There are no rules about in - house research, and Larsen is troubled by the risks: «the possibility of mistake, unfairness to the parties, and judicial enshrinement of biased data which can now be quickly posted to the world by anyone without cost.»
Background: Ms. Sojourner filed a complaint of judicial bias with the Council against Judge Luce De Palma after being called by the latter several times «Mr.» during a Rental Board hearing and told that «It's probably your hair.»
Key chapters and sections cover: • Decision - making, including personal interests, bias and determination, equality and discrimination and elections • The process for making and handling complaints on conduct issues • The challenging of authorities on conduct issues including through judicial review, the Ombudsman and by using Freedom of Information • Offences • The law in Wales
to develop and maintain social and cultural awareness in order to preserve and enhance the judicial system's fairness, integrity and impartiality by eliminating bias and prejudice; and
to preserve and enhance the judicial system's fairness, integrity and impartiality by eliminating bias and prejudice; and
«Importantly, the Inquiry Committee recognized that while judicial education is an important tool, after - the - fact education can not make up for such profound bias and disrespect for equality as evidenced by this case,» says Kasari Govender, West Coast LEAF's Executive Director.
Excerpt from the judicial complaint filed by TMN: «It is clear from her actions that Judge Keller can no longer be expected to preside over death penalty cases with the requisite fair, bias - free and even - handed disposition so critical to such serious life and death matters.»
Kear - Jodoin J. applied correctness on the basis (at para. 11) that bias is a question of general law of central importance to the legal system — one of the Dunsmuir categories that calls for correctness review — and commented by way of explanation: «Judicial impartiality is pivotal to the integrity of our legal system» (at para. 13).
Indeed, in this effective Slate commentary focused upon the judicial bias issues raised by the case, Emily Bazelon concludes with this sober assessment:
(B) A judge shall not, in the performance of judicial duties, by words or conduct manifest bias or prejudice, or engage in harassment, and shall not permit court staff, court officials, or others subject to the judge's direction and control to do so.
Second Appeal — Bankruptcy Restrictions Order — judicial bias — bias by predetermination — proper test.
[3] Discriminatory actions and expressions of bias or prejudice by a judge, even outside the judge's official or judicial actions, are likely to appear to a reasonable person to call into question the judge's integrity and impartiality.
If a judicial candidate, before becoming judge, actively campaigns on partisan issues in violation of the Judicial Conduct Code, and if a candidate for judicial office pledges to be biased in favor of the prosecution by promising to be «tough on crime», then the respect for the judiciary willjudicial candidate, before becoming judge, actively campaigns on partisan issues in violation of the Judicial Conduct Code, and if a candidate for judicial office pledges to be biased in favor of the prosecution by promising to be «tough on crime», then the respect for the judiciary willJudicial Conduct Code, and if a candidate for judicial office pledges to be biased in favor of the prosecution by promising to be «tough on crime», then the respect for the judiciary willjudicial office pledges to be biased in favor of the prosecution by promising to be «tough on crime», then the respect for the judiciary will suffer.
(1) the inability to set rates of compensation would unduly weaken the court's appointment power and ability to name the amicus of its choice (para. 123); (2) the integrity of the judicial process would be imperilled and should not be dependent upon the Crown (para. 124); and (3) unilateral control by the Attorney General over remuneration might create an apprehension of bias and place an amicus in a conflict of interest (para. 125).
Second, the analysis here also calls into question the assumption advanced via the «lawyer - judge bias» theory that judges, by virtue of being former lawyers, are inherently deficient regulators of lawyers who will inevitably favour the interests of their former colleagues at every turn.2 To the contrary, a close and careful look at judicial regulation reveals that measures taken by Canadian courts have repeatedly promoted the public interest over the interests of the profession.
For example, although homeless people were successful in their Charter claim in Victoria (City) v Adams, this judicial bias is evident even in that case — the first to consider the relevance of international human rights law, including concerns and recommendations from the CESCR, to section 7 of the Charter.284 The BC Court of Appeal in Adams upheld the trial judge's decision that the City of Victoria was violating homeless persons» constitutional rights to life, liberty and security of the person by prohibiting them from erecting temporary overhead shelters in public parks.285 However the Court of Appeal was insistent on framing its decision as a negative «restraint» on government, rather than as a positive obligation.