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Judicial impartiality? recuse?

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.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


  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: http://online.wsj.com/public/resources/documents/021308stbrakoffletter.pdf

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  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.

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