Should Judge Recuse Himself Over His Social Media Post?

Recusal sought in Alabama murder trial over judge's Facebook post

Alabama’s Supreme Court has temporarily halted the murder trial of a white police officer accused of killing a black man as it considers a defense request to remove the judge.

Eight justices concurred with the decision, while one recused himself, the Montgomery Advertiser reported.

The request was prompted by a Facebook post written by the judge two months after the killing – and before the judge was assigned to the trial -- in which the judge, who is black, complained about being racially profiled by police.

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Should this judge be removed from this case? His FB post reveals his own personal experience with the police department in the case. Can he be an impartial judge of a case of such gravity?

Hard to say. Not knowing anything else about the judge's history, I'd lean toward giving him the benefit of the doubt.

Fantôme said:

Should this judge be removed from this case? His FB post reveals his own personal experience with the police department in the case. Can he be an impartial judge of a case of such gravity?

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Regardless of race, any judge making remarks on social media that appear to give the perception of bias against one or both parties should recuse themselves.

Here are standard grounds for recusal:

1. Interest in the subject matter, or relationship with someone who is interested in it

2. Background or experience, such as the judge’s prior work as a lawyer

3. Personal knowledge about the parties or the facts of the case

4. Ex parte communications with lawyers or non-lawyers

5. Rulings, comments or conduct

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Grounds for Recusal - Judicial Disqualification Resource Center

Do any of these fit the case at bar?

Item's two and three seem to apply.

The OP indicates this judge felt profiled by this particular police force.

This would indicate the possibility of a negative bias, and valid grounds to request recusal.

To prevent any issues of prejudice creating grounds for appeal, I would vote YES he should recuse himself.

Fantôme said:

Should this judge be removed from this case? His FB post reveals his own personal experience with the police department in the case. Can he be an impartial judge of a case of such gravity?

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Yes because it will be grounds for appeal.

Reading the Alabama judicial ethics, I'd say it's not necessary for him to do so based on what's in that article, although there may be more, that's not reported here which could require him to do so.

If that is how little we trust the judge then clearly we have the wrong judge,

Case Closed.

Anagram said:

Reading the Alabama judicial ethics, I'd say it's not necessary for him to do so based on what's in that article, although there may be more, that's not reported here which could require him to do so.

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With respect, then you must have missed this part:

DISQUALIFICATION:

(1) A judge should disqualify himself in a proceeding in which his disqualification is required by law or his impartiality might reasonably be questioned, including but not limited to instances where:

(a) He has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding;

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http://judicial.alabama.gov/library/rules/can3.pdf

The Facebook post indicates he believes this Police force engages in racial profiling of some kind or another.

That indicates a possible bias based on his own experience with racism in favor of any defense or prosecution indicating possible racism (which is often alleged when a Black suspect is shot by a White police officer).

He should recuse himself simply to remove that stigma from the proceedings (true or not) and allow some other judge to preside.

Not just because of a belief he might favor the racism argument, but also because he might go too far erring on the other side to diminish or dismiss evidence of wrongdoing simply to show he is NOT biased.

I would LIKE to have seen him say "I was stopped ad it was a nuisance, but everything was handled professionally and I wasnt tased, struck, and shot". But instead his comments were on topic and expressed bias. Can their be any doubt that the calls for him to be recused would be absolute if he were white and said "its truly a shame our law enforcement officers should have to wrestle with ANY individual carrying a crowbar that resists arrest".

Captain Adverse said:

With respect, then you must have missed this part:

http://judicial.alabama.gov/library/rules/can3.pdf

The Facebook post indicates he believes this Police force engages in racial profiling of some kind or another.

That indicates a possible bias based on his own experience with racism in favor of any defense or prosecution indicating possible racism (which is often alleged when a Black suspect is shot by a White police officer).

He should recuse himself simply to remove that stigma from the proceedings (true or not) and allow some other judge to preside.

Not just because of a belief he might favor the racism argument, but also because he might go too far on the other side to diminish or dismiss evidence of wrongdoing simply to show he is NOT biased.

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O, M. G. Letting off steam on social media on a Pull-Over is not indication of a likelihood of an anything above Terrible Grade judge not considering the Police as a force and officers as individuals fairly.

If you find yourself in that situation then for sure get a better judge.

Treating Judges as infants is not in our long term best interests.

Captain Adverse said:

With respect, then you must have missed this part:

http://judicial.alabama.gov/library/rules/can3.pdf

The Facebook post indicates he believes this Police force engages in racial profiling of some kind or another.

That indicates a possible bias based on his own experience with racism in favor of any defense or prosecution indicating possible racism (which is often alleged when a Black suspect is shot by a White police officer).

He should recuse himself simply to remove that stigma from the proceedings (true or not) and allow some other judge to preside.

Not just because of a belief he might favor the racism argument, but also because he might go too far erring on the other side to diminish or dismiss evidence of wrongdoing simply to show he is NOT biased.

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I disagree. The Facebook post does not show he has a personal bias or prejudice against the entire Montgomery police force, and I think it's a stretch to say that his impartiality could reasonably be questioned based off the post.

Hawkeye10 said:

O, M. G. Letting off steam on social media on a Pull-Over is not indication of a likelihood of an anything above Terrible Grade judge not considering the Police as a force and officers as individuals fairly.

If you find yourself in that situation then for sure get a better judge.

Treating Judges as infants is not in our long term best interests.

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Anagram said:

I disagree. The Facebook post does not show he has a personal bias or prejudice against the entire Montgomery police force, and I think it's a stretch to say that his impartiality could reasonably be questioned based off the post.

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For purposes of discussion, here is the cited Facebook Post:

I was on my morning walk when I was detained by police. There were two police cars and a motorcycle cop. They approached me on South Court street and ask me if I just came from South Perry street. I told them no. The officer then said that they had received a call that someone fitting my description was walking with a crowbar. I told the officer that the thing in my hand was clearly not a crowbar and walking with a crowbar is not illegal. The officer said no it isn't, but when they get these type calls they have to check things out. I soon told them that I was a Circuit Judge and showed them my badge identifying me as such. Throughout the ordeal the officers were courteous; however, it was aggravating to be detained when the only thing I was guilty of was being a black man walking down the street in his neighborhood with a stick in his hand who just happened to be a Montgomery County Circuit Judge in Montgomery, Alabama. Lord Have Mercy!!!!!!"

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Judge's social media post prompts motion for recusal in Gunn murder trial

There is also a picture too small to make out what he is holding, but from a casual observer in a car or on a motorcycle it could look like a crowbar.

So, he is stopped by at least 3 police (assuming one per car plus the motorcycle officer), and expresses concern about the ordeal of being stopped for no good reason (not a "crowbar" and carrying one is not illegal, right?) other than being a Black man who happens to be a Judge (as if that matters) walking down his own neighborhood street with a stick in his hand. "Lord Have Mercy!!!!!!"

From a quick assessment it seems he is complaining about an excessive number of police involved in stopping an innocent Black man in his own neighborhood just for being Black...Lord Have Mercy.

Anyone who has worked in the criminal justice system has heard this complaint a thousand times. It's an allegation of racial profiling.

Here's the problem. Attorneys for both the Prosecution and Defense deal with a specific group of judges on a regular basis. Over time, we learn the prejudices, preferences, and foibles of each one while they are on the bench. You learn to pray to get certain judges and hope to hell not to get certain other judges.

One thing you can't claim simply on the basis of their courtroom behavior (unless it is especially open and egregious) is prejudice; even though you KNOW from courtroom experience that they may well be. That's because once in their courtroom the presumption is they are fair and balanced.

However, when you get evidence of possible bias made public like this Facebook post, if the case is important enough (like a murder trial) the defense can and will use it to seek a new judge. That's just the way it is.

My original point stands. There is the possibility based on his Facebook post of a bias against this police force which may be reflected in his rulings and if I were the defense attorney I might push for recusal too.

"Lord Have Mercy!!!!!!"

Captain Adverse said:

For purposes of discussion, here is the cited Facebook Post:

I was on my morning walk when I was detained by police. There were two police cars and a motorcycle cop. They approached me on South Court street and ask me if I just came from South Perry street. I told them no. The officer then said that they had received a call that someone fitting my description was walking with a crowbar. I told the officer that the thing in my hand was clearly not a crowbar and walking with a crowbar is not illegal. The officer said no it isn't, but when they get these type calls they have to check things out. I soon told them that I was a Circuit Judge and showed them my badge identifying me as such. Throughout the ordeal the officers were courteous; however, it was aggravating to be detained when the only thing I was guilty of was being a black man walking down the street in his neighborhood with a stick in his hand who just happened to be a Montgomery County Circuit Judge in Montgomery, Alabama. Lord Have Mercy!!!!!!"

Click to expand...

Judge's social media post prompts motion for recusal in Gunn murder trial

There is also a picture too small to make out what he is holding, but from a casual observer in a car or on a motorcycle it could look like a crowbar.

So, he is stopped by at least 3 police (assuming one per car plus the motorcycle officer), and expresses concern about the ordeal of being stopped for no good reason (not a "crowbar" and carrying one is not illegal, right?) other than being a Black man who happens to be a Judge (as if that matters) walking down his own neighborhood street with a stick in his hand. "Lord Have Mercy!!!!!!"

From a quick assessment it seems he is complaining about an excessive number of police involved in stopping an innocent Black man in his own neighborhood just for being Black...Lord Have Mercy.

Anyone who has worked in the criminal justice system has heard this complaint a thousand times.

Here's the problem. Attorneys for both the Prosecution and Defense deal with a specific group of judges on a regular basis. Over time, we learn the prejudices, preferences, and foibles of each one while they are on the bench. You learn to pray to get certain judges and hope to hell not to get certain other judges.

One thing you can't claim simply on the basis of their courtroom behavior (unless it is especially open and egregious) is prejudice, even thought you KNOW from courtroom experience that they may well be. That's because once in their courtroom the presumption is they are fair and balanced. However, when you get evidence of possible bias made public like this Facebook post, the defense can and will use it in a murder trial to seek a new judge. That's just the way it is.

My original point stands. "Lord Have Mercy!!!!!! There is the possibility based on his Facebook post of a bias against this police force which may be reflected in his rulings and if I were the defense attorney I might push for recusal too.

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Correct me if I am wrong but my understanding is that defense attorneys are expected to do the best they can to win for their client outside of outright lying, The best interests of the society is rarely even on their brain, so does it matter what a defense attorney would do here?

Hawkeye10 said:

If that is how little we trust the judge then clearly we have the wrong judge,

Case Closed.

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Well, that's a stupid argument.

Hawkeye10 said:

Correct me if I am wrong but my understanding is that defense attorneys are expected to do the best they can to win for their client outside of outright lying, The best interests of the society is rarely even on their brain, so does it matter what a defense attorney would do here?

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A defense attorney is going to move for dismissal nine times out of 10, because that's their job.

Kobie said:

Well, that's a stupid argument.

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When you show up talking True/Not True perhaps we will see.

Fantôme said:

Should this judge be removed from this case? His FB post reveals his own personal experience with the police department in the case. Can he be an impartial judge of a case of such gravity?

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As long as his current record can hold true, and it cannot be see that he has acted with favor in the past. Then he should be allowed to continue to do his duty as a judge.

This will most likely end with his name being dragged through the dirt however, seeing as that has been the norm as of the last few months for any political, or social figures.

Polar Bum said:

Regardless of race, any judge making remarks on social media that appear to give the perception of bias against one or both parties should recuse themselves.

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Recusing himself would be a better way to save face, but this is going to be a blow to his reputation no matter what now.

I bet you as of now, everyone who is trying to defend the judge is thumbing through the social media history of the people who brought this to light.. and vice versa.

Oborosen said:

Recusing himself would be a better way to save face, but this is going to be a blow to his reputation no matter what now.

I bet you as of now, everyone who is trying to defend the judge is thumbing through the social media history of the people who brought this to light.. and vice versa.

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Just one more reason I don't have any social media accounts.....people will look for anything you say to be twisted around against you.

Hawkeye10 said:

When you show up talking True/Not True perhaps we will see.

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When you can make a coherent point, perhaps we will see. You've shown little evidence you're capable of doing that.

Fantôme said:

Should this judge be removed from this case? His FB post reveals his own personal experience with the police department in the case. Can he be an impartial judge of a case of such gravity?

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It doesn't actually matter one iota if he can or he can't.
The standard exists so that there is no “appearances of impropriety”.

When there is an “appearances of impropriety” such as in this case, you either step aside on your own or be removed so there is no question.

Hawkeye10 said:

Correct me if I am wrong but my understanding is that defense attorneys are expected to do the best they can to win for their client outside of outright lying, The best interests of the society is rarely even on their brain, so does it matter what a defense attorney would do here?

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In that FB post he clearly states he endured an 'ordeal'. That makes him a victim. Recuse yourself idiot and save some face.

The officers did nothing wrong. I've been stopped for the same reason given to this black guy and I'm white. The police would be derelict if they did not investigate anyone resembling the description.

I was pulled over because I matched the description of a man who had just helped an inmate escape from a jail. I was terrified but once the officers explained I was okay with there action.

I don't want officers to be afraid to investigate anyone they have suspicions about. If you are innocent you have nothing to worry about other than an inconvenience.

But please tell me what would anyone be doing carrying a crowbar through a residential neighborhood at night? If they have a reasonable explanation they have nothing to worry about. If not then they were probably looking for a place to burgle.

This judge was carrying a stick? Why? I mean seriously. That is a stereotype if I ever heard one. He was carrying a stick for God's sake. Do you carry a stick around with you when you walk through your neighborhood?

I think the officers had a good reason to stop him and question him about the weapon he was carrying.

Hawkeye10 said:

Correct me if I am wrong but my understanding is that defense attorneys are expected to do the best they can to win for their client outside of outright lying, The best interests of the society is rarely even on their brain, so does it matter what a defense attorney would do here?

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Excon said:

It doesn't actually matter one iota if he can or he can't.
The standard exists so that there is no “appearances of impropriety”.

When there is an “appearances of impropriety” such as in this case, you either step aside on your own or be removed so there is no question.

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Even taking into account that it is using information from a social media post, that stand will most likely be upheld. There have been cases were that has been dismissed, but only in cases when the post was sufficiently old enough to not be considered pertinent. Or falsified claims were being issued from the post in general.

In either case, this does not look good for the judge, and to a lesser extent his seat in general. The judge to replace him on this case, will most likely fall under heavy scrutiny from either side. Simply for being a certain race, as that tone is now set as a standard for this case.

Either way, its going to be a long road ahead for the rest of this trial.

Oborosen said:

Even taking into account that it is using information from a social media post, that stand will most likely be upheld. There have been cases were that has been dismissed, but only in cases when the post was sufficiently old enough to not be considered pertinent. Or falsified claims were being issued from the post in general.

In either case, this does not look good for the judge, and to a lesser extent his seat in general. The judge to replace him on this case, will most likely fall under heavy scrutiny from either side. Simply for being a certain race, as that tone is now set as a standard for this case.

Either way, its going to be a long road ahead for the rest of this trial.

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"In an abundance of caution" and "We must avoid even the appearance of impropriety" like here is a joke at this point given how corrupt this society is, and how little interest there is in that corruption, from all but notatably from the so-called justice system.

Fantôme said:

Should this judge be removed from this case? His FB post reveals his own personal experience with the police department in the case. Can he be an impartial judge of a case of such gravity?

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No, personal experiences are necessary to be effective at judging anything. In fact, you could just as likely argue that white judges who have never experienced what it feels like to be targeted by police are just as likely to be biased in the other direction.