"recusal n. the act of a judge or prosecutor being removed or voluntarily stepping aside from a legal case due to conflict of interest or other good reason. (See: recuse)" ¹

Whatever happened to the legal concept of recusal? Recent court rulings on controversial matters leave me wondering. If the judge on the appeals court is an actual member of the class seeking the appeal (an openly admitted homosexual in one instance), then why doesn't he or she recuse himself? Does the "right" of judicial activism always justify the means? Does "political correctness" or current "trendiness" in the court of public opinion override legal ethics and integrity? Or am I just naive enough to believe that some principles of ethical behavior should trump arrogant and aggressive self-interest? Can somebody explain this to me? Is a failure to recuse itself grounds for a mistrial or a subsequent appeal to a higher court? or has the concept of ethics in the judicial system been overcome by that old saw of "he who has the gold makes the rules"?

Just wondering.

The Kendrick Report, August 2010. Copyright © James W. Kendrick. All rights reserved.

¹ The Free Dictionary by Gerald N. Hill and Kathleen T. Hill