Skip to main content

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.

http://www2.broadwayworld.com/viewcolumnpics.cfm?colid=395190&photoid=359707#sthash.hCWWrFVT.dpbs

http://www.oysterbaytown.com/index.asp?Type=B_PR&SEC=%7BAE50B7DD-26EA-4EEB-807F-AA0AC83D937E%7D&DE=%7BD6ABCECD-875B-4AC5-914E-0AC983380082%7D

http://syosset.patch.com/articles/town-issues-warning-on-boating-and-speeding

http://syosset.patch.com/articles/town-likely-to-face-fight-over-allen-park-plan

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

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

Attorney Answers 3

Posted

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/documents/021308stbrakoffletter.pdf

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.

Mark as helpful

1 found this helpful

2 lawyers agree

2 comments

Asker

Posted

would a video taped conversation with the prosecuting town attorney admitting to have exparte communications with the judge help? they discussed my case and what charges to bring

Daniel DeMaria

Daniel DeMaria

Posted

It depends on what the tapes show. You should contact an attorney to discuss this matter in more detail. Many lawyers offer free consultations.

Posted

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.

Mark as helpful

1 lawyer agrees

5 comments

Asker

Posted

would this set a president? Judge Recuses Over Friendship With Ex-Police Commissioner The New York Law Journal by Andrew Keshner - May 25, 2012 A judge yesterday recused himself from the criminal trial of three retired Nassau County police officers in order to avoid an "appearance of impropriety" due to his friendship with the ex-police commissioner. Nassau County Court Judge John Kase, the court's supervising judge, said he would not preside over the trial of the three men who were indicted for allegedly conspiring to prevent the arrest of the son of a donor to the police department. Reading a statement from the bench during a court appearance in People v. Flanagan, 338N/12, Kase noted he has been a friend of former Police Commissioner Lawrence Mulvey for the past five years and has been "in his company at professional as well as social events." Mulvey was the police commissioner at the time of the officers' alleged crime. Noting that "transparency and trust" in the legal process is "of paramount importance," Kase said, "The mere appearance of impropriety is as strong a reason for recusal as impropriety itself. Therefore, I believe that my presiding over this case could create an appearance of impropriety." The case has been reassigned to Nassau County Court Judge George Peck. The three officers are William Flanagan, former second deputy commissioner, whose charges include receiving a reward for official misconduct. Charges against John Hunter, former deputy chief inspector, include two counts of sixth-degree official misconduct and conspiracy. Alan Sharpe, a former detective sergeant, faces counts including offering a false instrument for filing in the second degree.

Rixon Charles Rafter III

Rixon Charles Rafter III

Posted

This does--yes. Your postings don't.

Rixon Charles Rafter III

Rixon Charles Rafter III

Posted

Avvo is not designed for philosophical back and forth or a game of 'hide the rock'. Chat with a local attorney do scope out your way-ahead given YOUR circumstances.

Asker

Posted

lol, what does your second comment mean? and who are you to decide what avvo is for? everyone who uses it knows that its designed so that attorneys like you can fish for customers. none of you ever give a complete answer, just a recomendation to speak with an attorney. nice name too.

Rixon Charles Rafter III

Rixon Charles Rafter III

Posted

bu-bye.

Posted

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

Mark as helpful

2 lawyers agree

3 comments

Asker

Posted

well he wasn't living in a cave, he was taking part in a personal relationship with the town supervisor and company. seems the judge in the case against the nassau police mentioned above set a pesident as this judge also recused himself. 3 replies all wrong thanks

Gray Richard Proctor

Gray Richard Proctor

Posted

Respectfully, I disagree. He's been photographed with town officials at civic events, which is not a personal relationship. And frankly it's hilarious that you come on Avvo, ask a question, get an answer that everyone agrees on, and then let us know that we are wrong. Why are you asking for help if you already know the answer? Finally the "pesident" that your newspaper sets is for another judge, not Judge Lerose. But it's good for you that you get to feel smart by asking an incomplete question and then adding facts to it later on. Please let us know if you have any luck getting the Judge to recuse himself, and if it ultimately helps your case.

Asker

Posted

did you know its unethical for you to belong to this site? look it up, its recently been established. now that you know you have no excuse to contimue here. fish

Civil rights topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics