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onenote

(42,703 posts)
9. The 11th Circuit will not force her to recuse on bias grounds
Sat Jun 10, 2023, 12:52 PM
Jun 2023

Last edited Sat Jun 10, 2023, 02:21 PM - Edit history (1)

The Court ripped apart her decision in the special master case on the legal merits. It did not find or even suggest she acted out of bias. If it had, it would have sent the case back to a different judge on remand instead of remanding it to her. On remand, she followed the decision of the 11th Circuit. And when an ethics complaint alleging bias was filed with the 11th Circuit, it was summarily rejected on the grounds that a bad decision is not an ethics violation:

"The Complaint fails to present a basis for a finding of misconduct. To the extent Complainant’s allegations concern the substance of the Subject Judge’s official actions, rulings, findings, and orders in the above-described case, the allegations are directly related to the merits of the Subject Judge’s decisions or procedural rulings. Judicial Conduct Rule 11(c)(1)(B). Complainant’s remaining claims are based on allegations lacking sufficient evidence to raise an inference that the Subject Judge acted with an illicit or improper motive, was biased, used her office to obtain special treatment for the plaintiff, violated her oath of office, colluded with others, or otherwise engaged in misconduct. Judicial Conduct Rule 11(c)(1)(D). For these reasons, this Complaint is DISMISSED."

Whether he could or would seek to have the case heard in the West Palm division by a judge assigned to that decision is a separate question.

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