Judge Jim Jones, prior to his recent appointment to the federal court, had been an outspoken and effective opponent of the racial segregation policies of South Africa. As part of its worldwide tour, South Africa’s national soccer team scheduled a soccer match with a team in this country. Several civil rights groups have applied to Judge Jones for an order enjoining the playing of the proposed match. The matter is now pending. Only legal issues are presented. Judge Jones, after painstaking consideration, has privately concluded that he cannot decide the legal questions without bias against the representatives of the South African government. However, no one has made a motion to disqualify Judge Jones. Must Judge Jones recuse himself in the pending matter?
A. Yes, unless Judge Jones believes he has greater expertise than other judges on the court in legal issues involving racial segregation.
B. Yes, because Judge Jones believes that he cannot be impartial.
C. No, because the only issues presented for decision are legal questions.
D. No, because none of the interested parties have moved to disqualify Judge Jones.
Answer:B
Judge Jim Jones, prior to his recent appointment to the federal court, had been an outspoken and effective opponent of the racial segregation policies of South Africa. As part of its worldwide tour, South Africa’s national soccer team scheduled a soccer match with a team in this country. Several civil rights groups have applied to Judge Jones for an order enjoining the playing of the proposed match. The matter is now pending. Only legal issues are presented. Judge Jones, after painstaking consideration, has privately concluded that he cannot decide the legal questions without bias against the representatives of the South African government. However, no one has made a motion to disqualify Judge Jones. Must Judge Jones recuse himself in the pending matter?
A. Yes, unless Judge Jones believes he has greater expertise than other judges on the court in legal issues involving racial segregation. B. Yes, because Judge Jones believes that he cannot be impartial. C. No, because the only issues presented for decision are legal questions. D. No, because none of the interested parties have moved to disqualify Judge Jones.
Explanation: Under Canon 3(e)(1)(a), a judge “shall disqualify himself or herself” where the judge’s impartiality might reasonably be questioned, including where “the judge has a personal bias or prejudice concerning a party.” Judge Jones has determined that he does have a personal bias against the South African government. Accordingly, B is the correct answer.