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    Plaintiffs' Motion To Recuse

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    nootkabear
    Plaintiffs filed Motion and Brief to Recuse or Disqualify Superior Court Judge Becker. Includes attached Exhibits

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    Plaintiffs' Motion To Recuse

    Uploaded by

    nootkabear
    3K views4 pages
    Plaintiffs filed Motion and Brief to Recuse or Disqualify Superior Court Judge Becker. Includes attached Exhibits

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    Plaintiffs' Motion to Recuse

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    Plaintiffs filed Motion and Brief to Recuse or Disqualify Superior Court Judge Becker. Includes attached Exhibits

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    3K views4 pages

    Plaintiffs' Motion To Recuse

    Uploaded by

    nootkabear
    Plaintiffs filed Motion and Brief to Recuse or Disqualify Superior Court Judge Becker. Includes attached Exhibits

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 4
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    The case document discusses a response filed by the defense to the plaintiffs' motion to recuse or disqualify a judge. The defense argues that the plaintiffs have failed to demonstrate bias or provide sufficient evidence for recusal beyond judicial rulings going against them.

    The plaintiffs filed a motion to recuse or disqualify a judge, claiming bias against pro se and disabled persons as well as bias against one of the plaintiffs specifically.

    The defense argues that the plaintiffs have failed to demonstrate that the judge's impartiality could reasonably be questioned or that the judge has personal bias, as required by the law. They say the basis appears to be judicial conduct rather than extrajudicial conduct.

    Case 1:08-cv-01971-WSD Document 14 Filed 08/07/2008 Page 1 of 4

    IN THE UNITED STATES DISTRICT COURT


    FOR THE NORTHERN DISTRICT OF GEORGIA
    ATLANTA DIVISION

    JAMES STEGEMAN, :
    JANET STEGEMAN, :
    Plaintiffs, :
    : CIVIL ACTION
    v. : 1:08-CV-1971-WSD
    :
    SUPERIOR COURT STONE :
    MOUNTAIN, et al., :
    Defendants.

    RESPONSE TO PLAINTIFFS’ MOTION TO RECUSE OR DISQUALIFY

    Comes Now Judge Cynthia Becker and the Superior Court of the Stone

    Mountain Judicial Circuit through Thurbert Baker Attorney General for the State

    of Georgia, and file their response to Plaintiffs’ motion to recuse the Honorable

    William S. Duffy pursuant to 28 U.S.C. § 455. In their motion, Plaintiffs contend

    that Judge Duffey, Jr., should be recused or disqualified from their case because he

    is biased against pro se and disabled persons, and against Plaintiff James Stegeman

    specifically.

    Plaintiffs’ motion should be denied because they have failed to make the

    requisite showing. Under § 455, a judge should recuse himself if “his impartiality

    might be reasonably questioned” or if “he has a personal bias or prejudice

    concerning a party. 28 U.S.C. § 455(a), (b)(1). “A judge should be disqualified

    only if a reasonable person, apprised of all the facts and circumstances, would
    Case 1:08-cv-01971-WSD Document 14 Filed 08/07/2008 Page 2 of 4

    question the judge’s impartiality.” United States v. Killough, 848 F.2d 1523, 1529

    (11th Cir. 1988). Ordinarily, “[t]he bias or prejudice must be personal and

    extrajudicial.” United States v. Amedeo, 487 F.3d 823, 828-29 (11th Cir. 2007)

    (quotations and citations omitted). Thus, “judicial rulings alone almost never

    constitute a valid basis for a bias or partiality motion.” Liteky v. United States,

    510 U.S. 540, 555, 114 S.Ct. 1147, 1157, 127 L.Ed.2d 474 (1994).

    In the instant case, a cursory review of the motion to recuse or disqualify

    shows that it is patently insufficient. Indeed, the Plaintiffs fail to provide support

    for their motion other than the fact that the judge has ruled against them in other

    matters. Therefore, it is apparent that the basis for recusal rests on judicial

    conduct, as opposed to extra-judicial conduct.

    2
    Case 1:08-cv-01971-WSD Document 14 Filed 08/07/2008 Page 3 of 4

    CONCLUSION

    For the above and foregoing reasons, Plaintiffs’ Motion to Recuse or

    Disqualify should be denied.

    Respectfully submitted this 7th day of August, 2008.

    THURBERT E. BAKER 033887


    Attorney General

    KATHLEEN M. PACIOUS 558555


    Deputy Attorney General

    /s/ Devon Orland_____________________


    DEVON ORLAND 554301
    Senior Assistant Attorney General
    Please Send Communications To:
    Devon Orland
    State of Georgia Department of Law
    40 Capitol Square, S.W.
    Atlanta, Georgia 30334-1300
    Telephone: (404) 463-8850
    Facsimile: (404) 651-5304; E-mail: [email protected]

    3
    Case 1:08-cv-01971-WSD Document 14 Filed 08/07/2008 Page 4 of 4

    CERTIFICATE OF SERVICE

    I hereby certify that on August 7, 2008, I electronically filed the State

    of Georgia’s RESPONSE TO PLAINTIFFS’ MOTION TO RECUSE

    OR DISQUALIFY with the Clerk of Court using the CM/ECF system

    which will automatically send email notification of such filing to all

    attorneys of record: Daniel Reinhardt

    Sent through United States Mail to pro se Plaintiff:

    James Stegemam
    Janet McDonald/Stegeman
    821 Sheppard Road
    Stone Mountain, Georgia 30083

    This 7 day of August, 2008.

    s/Devon Orland
    Georgia Bar No. 554301
    Senior Assistant Attorney General
    Please Send
    Communications To:

    Devon Orland
    State of Georgia Department of Law
    40 Capitol Square, S.W.
    Atlanta, Georgia 30334-1300
    Telephone: (404) 463-8850
    Facsimile: (404) 651-5304
    E-mail: [email protected]

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