Column: Scott Gaylord looks at judicial bias, recusal and Justice Paul Newby - Winston-Salem Journal: Opinion

Tuesday, May 26th, 2015

Column: Scott Gaylord looks at judicial bias, recusal and Justice Paul Newby

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Posted: Monday, December 10, 2012 12:00 am

A varied group challenging the legislature’s redistricting plan is seeking to have Justice Paul Newby recused from participating in the case when it reaches the North Carolina Supreme Court. Because Justice Newby benefitted from independent expenditures by super PACs that support conservative causes, these groups contend that Newby’s participation in the case threatens the integrity of the courts.

Judicial bias is different from — and much worse than — a particular judge’s having a judicial philosophy that a litigant does not like. While the former may be grounds for recusal; the latter is not. As a result, distinguishing the two cases becomes critically important.

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