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Judicial impartiality? recuse?

Massapequa, NY |
Filed under: Civil rights

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.

Attorney Answers 3

  1. 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:

    Atty: 845-704-7777. This answer is provided for informational purposes only and does not constitute legal advice. You should not take action based upon this information without consulting legal counsel. This answer is not intended to create, and does not create, an attorney-client relationship. PLEASE REMEMBER: All claims and legal matters have statutes of limitations and/or other important time periods that apply to them. This means that you must take action on all claims or legal matters within the required time period(s) or your claims could be barred by the statute of limitations or dismissed. Contact our office or another competent attorney immediately to discuss the particular facts of any claim or legal issue you might have in order to learn what time periods apply to your particular situation.

  2. Not on what you posted.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice before the state and federal courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.

  3. 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.

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