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- Apr 7, 2020
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Requesting the appropriate Justice answer this motion and to address all contents. This was in response to the appeal reasoning, which was delivered by Justice Nacholebra.Motion to Reconsider
Point of Law
Firstly, I am unable to locate a law which requires a new justice to rule each time a recusal appeal is made.
Secondly, you made reference to the Defendant having the burden of proof - what do you mean by this? All of the proof of my allegations are in this thread. Justice Joegamer's comment was in relation to allegations of bias. This recusal had no such allegation and was solely based on the Chief Justice's inability to preside in a timely fashion (i.e. before 7 days) on several occasions, which in turn impacts my constitutional right to a speedy trial.
You are correct in that response times are not a reason for recusal. That's why this motion was made under the reasoning that several failures on the Chief Justice's part to respond to this case have had the second order effect of curbing my constitutional rights, which is a solid ground for recusal.
I'm sure the court would agree that impacting ones constitutional rights would surely be considered a breach of judicial conduct.
13 - Recusal(1) Judicial disqualification, also referred to as recusal, is the act of abstaining from participation in a case due to a conflict of interest.(2) A motion to recuse can be filed at any point in a case prior to the verdict. A Judge must consider whether or not to voluntarily recuse themselves.(3) Where a judge does not voluntarily recuse, a second Judge will respond to the motion and either accept or deny it. In the instance the judge accepts the motion, that judge will then preside over the case.(4) Conflict of interest may involve:a. Bias/appearance of bias.b. Interest.c. Ex Parte Communications.d. Breach of Judicial Conduct.e. Prior Work as a Lawyer for either party.
@Nacho
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