Judges are supposed to hear cases before them and make fair judgements based on the law. But what if a judge has a bias? Maybe a conflict of interest? When should a judge step aside or recuse themself from hearing a case?
“I definitely think judges can be bought. I think they’re bought everyday.”
–Tonisha Howard
If a judge’s family member has an interest in a case, most people would agree the judge should step aside. Recuse themself. Bow out. But what if a judge stands to directly profit from the outcome a case? That seems pretty cut and dry too. But what if one of the parties in a case being heard by a judge contributed money to the judge’s campaign in a judicial election? What then?
As money floods into judicial elections throughout the country, states grapple with this question. Perhaps no state more than Wisconsin, where like in many other states, the final decision of whether or not a judge should step aside from hearing a case, or recuse themself, is left up to the judge.
Chloe Prasinos brings us “Recuse Yourself” — Part 3 in our 2016 series of reports on A Fair Fight for a Fair Court.
(back row from left to right) Sincere Melendez, Melvin Lewis Jr, Tonisha Howard; (front row from left to right) Elijah Glover, Gianni Melendez, Saniyah Lewis. Photo courtesy of Tonisha Howard.
Reporter Chloe Prasinos with Steve Baas at the headquarters of The Metro Milwaukee Association of Commerce. Photo courtesy of Chloe Prasinos.
The headquarters of The Metro Milwaukee Association of Commerce. Photo courtesy of Chloe Prasinos.
A door in the Madison State Capitol building. Photo courtesy of Chloe Prasinos.
Louis Butler is a former justice on the Wisconsin State Supreme Court. Photo courtesy of Louis Butler.
Charlie Geyh is professor of law at Indiana University Maurer School of Law and is author of Courting Peril: The Political Transformation of the American Judiciary. Photo courtesy of Charlie Geyh.
James Bopp is an attorney based in Indiana. He has devoted his career to fighting to loosen restrictions on political speech and campaign finance. Photo courtesy of James Bopp Jr.
Journalist Patrick Marley reports on state politics and the state supreme court for the Milwaukee Journal Sentinel. Photo courtesy of Patrick Marley.
PRODUCTION NOTES
Recuse Yourself was reported by Chloe Prasinos and edited by Nancy Mullane, with sound design and production by Shani Aviram. Alyssa Bernstein, Annie Aviles and Kirsten Jusewicz-Haidle provided production support.
The music in this episode is from Blue Dot Sessions.
Full Transcript of Recuse Yourself
SUGGESTED READING
- Courting Peril: The Political Transformation of the American Judiciary
- Big Money and Impartial Justice: Can They Live Together?
- Promoting Fair and Impartial Courts through Recusal Reform
This episode of Life of the Law was funded in part by grants from the Open Society Foundations, the Law and Society Association, the Proteus Fund, the Ford Foundation, and the National Science Foundation.
Our reporting was sponsored by Squarespace and The Great Courses Plus. Be sure to use the promo code LAW at check out to receive special benefits as a Life of the Law listener.
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