Sentences with phrase «of judicial bias»

One Canadian case did not actually address the issue of judicial bias, but the circumstances are worth discussing.

Judges, after all, are held to the highest standards of impartiality, and political statements can easily raise the question of judicial bias.

Ms. Tomee Sojourner, President of Tomee Sojourner Consulting and a Black lesbian management consultant, has filed a complaint of judicial bias with the Conseil de la justice administrative (the Administrative Judicial Council) against a member of the Rental Board for the latter's conduct during a hearing held earlier this month.

Trouble was, Benjamin had received $ 3 million in campaign contributions from Massey, raising questions of judicial bias.

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.»

I thought that the judge's tendency to bolster the prosecution's case with such arguments smacked of judicial bias in favor of the prosecution.

Douglas has had successes in the Court of appeal including Matthews v Metal Improvement Company, Vicar of Spalding v Chubb Fire and was the only successful appellant in the Timmins v Gormley group of judicial bias cases.

In his biting dissent Justice Antonin Scalia charged that Justice Stevens» unusual approach was a result of judicial bias in favor of abortion.

Not exact matches

We can assume that all the Justices sitting on the Court today, like other humans, have their own preferences and biases about religion, but the judicial opinions of one of them, Justice John Paul Stevens, raise more than a slight suspicion that some of his actions on the bench stem from animosity, if not to animal sacrifice, at least to certain less exotic religious beliefs and practices.

He also said he has petitioned the National Judicial Council, NJC over the conduct of the Chief Judge of Rivers state, Justice Iyaye Lamikanra whom he accused of bias.

«I have also petitioned the National Judicial Council, NJC over the conduct of the trial judge, Who doubles as the, Chief Judge of the state for her obvious bias against me stemming from her utterances in the open court.

«The legitimacy of our judicial system depends upon the public being confident that we have a bench that is representative of our diverse population and applies the law without bias,» they wrote in the letter dated today.

Many are devoid of methodological rigor and injected with self - serving biases, rendering results unworthy of legislative, executive, or judicial consideration.

Arguing that the judge's Twitter activity isn't a proper subject for judicial notice, the government claimed that even if the feed in question is the judge's Twitter feed, his tweeting the headline to an article about a ruling he already made «would not show bias or even an appearance of partiality.»

A disciplinary hearing was scheduled on the basis that the name change order violated Tennessee's Code of Judicial Conduct: no laws exist banning the use of religious names, and judges are required to perform their duties without regard to religious bias.

All of us, including Forchion, can recount instances where judicial bias was evident.

Consequently, for a judge not to allow defense voir dire / cross examination questioning of a prosecution witness before a damning exhibit is allowed into evidence, presents not only a Due Process issue but also a possible perception of pro-prosecutorial bias of the judge, whether or not that bias exists, at least in the eyes of laypeople watching the trial, when a critical element of a sufficiently functioning judicial system is for the public to perceive judges as following their oaths of office.

He understands the complexities and legal ramifications of traffic law and the inherent judicial bias against the average person trying to fight their own case.

Though the study suggests that jurors, or perhaps even judicial bias, accounts for the lesser success of non-English-speaking Hispanic plaintiffs at trial, in my view, other factors may explain the disparity.

The «reasonable apprehension of bias» test for judicial disqualification has been a fixture of Canadian law for many years, at a minimum since its formulation in... [more]

The new guidelines for Superior Court judicial appointments released this week highlight the need for Judicial Advisory Committees (JACs) to be more representative of Canada, and to receive training on diversity, unconscious bias, and assessment of merit, criteria which could also be applied to those aspiring to enter the projudicial appointments released this week highlight the need for Judicial Advisory Committees (JACs) to be more representative of Canada, and to receive training on diversity, unconscious bias, and assessment of merit, criteria which could also be applied to those aspiring to enter the proJudicial Advisory Committees (JACs) to be more representative of Canada, and to receive training on diversity, unconscious bias, and assessment of merit, criteria which could also be applied to those aspiring to enter the profession.

(1) the inability to set rates of compensation «would unduly weaken the courts» appointment power and ability to name an amicus of their choosing» (para 123); (2) «the integrity of the judicial process would be imperilled» and should not be dependent upon the Crown (para 124); and (3) «the Attorney General's unilateral control over the remuneration of amici curiae might create an appearance of bias and place amici themselves in an unavoidable conflict of interest» (para 125).

In his complaint to the Canadian Judicial Council, Slansky accused the judge of being biased, rude, abusive, and bullying.

A state's judicial nominating commission is critical to achieving a more diverse bench, and the commission itself must be diverse and conscious of how bias can seep into the judicial selection process.

I have recently filed a petition for judicial review of the conduct of one of Canada's law societies and I plan on presenting an argument about a pervasive and inherent bias that afflicts the entire legal profession.

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.»

It is «The Troubling New Science of Legal Persuasion: Heuristics and Biases in Judicial Decision Making», published in the April 2013 edition of The Advocates» Quarterly (and accessible through HeinOnline).

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.»

Philip Rosen believes that this practice reflects a prosecutorial bias on the part of the Department of Justice, resulting in a «deference to judicial determinations of guilt and an insufficiently rigorous questioning of the foundations of criminal convictions.»

KLEBERG COUNTY - The State Commission on Judicial Conduct says a Kleberg Justice of the Peace used language that «manifest bias and prejudice» during a 2016 trial.

In the Judicial Review decision, the Court made a number of strong findings against the Faculty, including that it had acted in a biased and «grossly unfair» manner toward the plaintiff.

The virtue of an approach that remains wedded to the text and settled doctrine is not that it removes judicial bias, subjectivity or moralizing, but rather that it constrains and limits those things.

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

Sad admission of disgracefully biased court procedures in our much praised UK judicial system

To illustrate the problem with accusing judges of bias, given the term's various meanings, the article focuses on recent federal litigation over NYC police stop - and - frisk policy in which (1) the district judge found «implicit bias» in police practices based on accumulated evidence and expert analysis, (2) the Second Circuit found that the district judge engaged in disqualifying judicial bias because of her comments in a prior related lawsuit and in the media, and (3) critics accused the Second Circuit of bias in making decisions that were hard to justify on either procedural or substantive grounds.

The article concludes that, on balance, it is better to resist the temptation to import «implicit bias» rhetoric into critiques of individual judicial decisions.

Further, if the discipline committee (and the entire Board) have been exposed to a «mediation agreement» relating to the respondent, such that the members of the Discipline Committee might be precluded from hearing the matter, due to a reasonable apprehension of bias, a judicial review will still be premature if any possibility remains an unbiased discipline panel being convened.

Specific topics which have been covered in recent conferences include judicial ethics; interpreters; delivering reasons for judgment; assessing credibility; social media; technology and search warrants; managing a provincial offence trial; effectively communicating an oral judgment; risk assessment and indicators of lethality at bail hearings; the Youth Criminal Justice Act; eye - witness identification; conducting pre-trials; specific issues at trials of regulatory offences; fly - in - courts, residential schools; application of Gladue principles; mistrials and bias; accident reconstruction; search warrant issues; domestic violence issues; orders for examination under the Mental Health Act; child apprehension warrants under the Child and Family Services Act; evidentiary issues; discrimination and harassment in the workplace; stress management; and pre-retirement planning.

The fourth edition covers: Fair procedures including the rule against bias and audi alteram partem; Review of discretionary powers, with the doctrines of reasonableness and proportionality and the impact of constitutional rights; Judicial review practice -LSB-...] Read more

The former employee relied on the following grounds in his judicial review: bias of the adjudicator; fairness of the hearing; appropriateness of deciding the matter solely on the basis of abuse of process, and; whether the matter of genuineness of the emails was properly determined.

The justification for this judicial bias towards employees at the higher end of the organizational structure is based on the presumption that it is more difficult for a senior employee with a more specialized skill set to find new employment than a lower skilled employee with a more generalized skill set.

The scientia of the decision, and not the bias of the tribunal, is the test of «due process of law» when applied to restrain the exercise of judicial power.»

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).

The lack of a vigorous judicial response to conservative versions of originalism and «strict construction» — which often means little more than a cramped reading of broadly worded statutes and constitutional provisions — will bias popular discussion and debate.

(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.

Peninsula Business Services v Rees (2009) UKEAT / 0333/08 / RN The EAT remitted the case to a fresh tribunal on the basis of apparent judicial bias arising from the ET judge's trenchant derogatory views on businesses such as that of the appellant made close to trial.

[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.

Shortly before the consultation date on November 28, 2013, I was advised that the College had received a letter suggesting that an application for judicial review would be made of a ratio review panel decision that I had chaired (which had issued over 6 months ago), on the basis of «a reasonable apprehension of bias».

ACJ Douglas alleged that the Committee was biased, and after the Committee rejected that allegation she sought judicial review to the Federal Court, and obtained a stay of the Committee's proceedings.

Nobody expected the controversy to result in calls for the resignation of McLachlin, with critics citing bias and judicial activism.