Judicial impartiality? recuse?

Asked over 1 year ago - Massapequa, NY

would the photographs displayed on the following web pages constitute an inference of impartialilty? Judge D. Lerose presides over the Nassau County Fourth District Court, which adresses Town of Oyster Bay violations, issued by town code enforcement and prosecuted by the Town Attorney.

http://www2.broadwayworld.com/viewcolumnpics.cf...

http://www.oysterbaytown.com/index.asp?Type=B_P...

http://syosset.patch.com/articles/town-issues-w...

http://syosset.patch.com/articles/town-likely-t...

http://www.antonnews.com/massapequanobserver/ne...

Additional information

http://www.antonnews.com/massapequanobserver/news/22279-gold-star-plaque-at-veterans-monument.html

Attorney answers (3)

  1. Daniel DeMaria

    Contributor Level 14

    2

    Lawyers agree

    1

    Answered . The bar for recusal is very high. These pictures simply show the judge being active in the community. This is a good thing (at least in my view) and would not be sufficient to require the judge to recuse himself from a case involving the Town of Oyster Bay. This is very different than a situation where a judge who is hearing a case related to Pepsi is posing with Pepsi executives in front of a Pepsi sign, while sipping a Pepsi (just by way of an example). The two situations are very different.

    This letter does a good job of discussing the test for recusal: http://online.wsj.com/public/resources/document...

    Atty: 845-704-7777. This answer is provided for informational purposes only and does not constitute legal advice.... more
  2. Gray Richard Proctor

    Pro

    Contributor Level 13

    2

    Lawyers agree

    Answered . Not even close. Judges don't have to live in caves to be impartial.

    Answers are for informational purposes, not legal advice for your specific situation. www.appealsandhabeas.com
  3. Rixon Charles Rafter III

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Not on what you posted.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice before the state and... more

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