Please step aside
May 18, 2012 Leave a comment
A motion to recuse
piss off the judge is an extraordinary measure that should not be taken lightly. The standard for recusal often recited in Mississippi cases is “would a reasonable person knowing all of the circumstances harbor doubts about the judge’s impartiality?” Hill v. Mills, 26 So.3d 322 (Miss. 2010).
To file or not to file. It isn’t at all unlike holding a stick of lit dynamite. You know it is going to explode, the only questions are when and how close you will be to it when it does.
Rather than standing alone with a recusal motion, the plaintiffs in Da Silva Moore v. Publicis Groupe, et al tried to soften the blow by hiring an expert (Richard Flamm) to submit an amicus brief in support of recusal. While Flamm has written extensively on judicial recusal, it required but 19 words from United States Magistrate Judge Andrew Peck to dispose of his Motion for Leave to File a Brief Amicus Curiae. Those 19 words from Judge Peck………
An alleged amicus brief that is paid for by plaintiffs is hardly necessary or appropriate. The motion is denied.
Ouch. Note to the lawyers involved. It looks like a good time to shift focus to the merits of the case because Judge Peck is wasting no time on this recusal nonsense.