Weird judicial discipline story

[WithoutAPaddle]

The Union Leader reported today that a judge has been disciplined for not having immediately disqualified himself from involvement in a case in which his brother in law was the victim.  At first, that seemed like a temptation to favor his brother-in-law.  But then, I read the article and see that the conduct complaint was filed by the brother-in-law.

April 25. 2013 11:06PM
Circuit Court judge receives reprimand for rule violation
Staff Report


MANCHESTER - Circuit Court-Manchester District Division Judge William Lyons has been publicly reprimanded by the state of New Hampshire Judicial Conduct Committee for not disqualifying himself from a criminal case in which his brother-in-law was the victim of an assault.

The committee made its ruling after investigating a grievance filed in June 2012 by the brother-in-law, Manchester High School Central teacher Ed Kissell.

Kissell alleged Lyons deliberately violated a rule regarding disqualification on or about Jan. 6, 2011, when he "set bail parameters for the two students that attacked me (Kissell) even though I (Mr. Kissell) had pressed charges."

Judges are required to disqualify themselves when a person "within the third degree of relationship" to the judge, a spouse or domestic partner is likely to be a material witness. Kissell is married to the sister of Lyons' wife.

The committee acknowledged Lyons tried to act fairly, didn't know about the Kissell involvement until the morning of the arraignment, and operates in a busy court.

But it expressed concern: "Judge Lyons' rulings in the case subsequent to his recusal run contrary to established law and may otherwise fail to promote the public's confidence in the integrity and impartiality of the judiciary,"...

Kissell could not be reached for comment about why he filed the complaint.... (boldface and Italics added by me)

The committee determined the violations were not sufficiently serious to warrant formal discipline, but did warrant a public reprimand, to which Lyons consented.

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Hmmm...  I now read between the lines that the brother-in-law must have been on the "outs" with the judge and was concerned about incurring disfavorable treatment rather than favorable.  This is now reminding me of the Law and Order - Special Victims Unit episode where this woman is being investigated because she is giving oral sex to a judge each time her incarcerated spouse's parole situation is up for review, but the critical story twist is when we discover she is giving the B-Js to get the judge to keep him IN jail rather than to release him.

[Jim Johnson]

What's weird is that someone was concerned about such piddly shit, compared to the other fucking atrocities that New Hampshire judges get a way with.

[Free libertarian]

Isn't one of the rules, that a judge can set aside the rules?

[bigmike]

Isn't one of the rules, that a judge can set aside the rules?

Yes, but only in the interest of justice.