Introduction
Judges are often perceived as unbiased figures in court; however, this is not always true. The following essay reviews the scenario of Sherry and Harvey Shyster, with the judge sentencing the former to continue payments for the truck. This occurred even though the former husband did not comply with his side of the deal. Moreover, the judge was rather dismissive towards Sherry’s attorney while being patient and polite with Harvey, hinting at a clear bias.
Main body
As mentioned earlier, judges are required to be objective and make fair decisions. This requires them to recuse themselves, in case they recognize that they may not remain partial or have certain prejudices. These figures need to maintain the integrity of the judiciary and prevent anything resembling impropriety (Sachar, n. d.). Judges are often accused of such ethical misconduct deeds as improper behavior and conflict of interest. The latter is demonstrated in the Shysters’ case, as the figure in their situation has a close friendship with Harvey’s attorney. In this event, the judge exhibits two issues: bias concerning an attorney and a relationship with one of the attorneys. Due to them demonstrating impoliteness towards Hardcase, while being considerate with Hyde, it is easier to prove the former. As Sherry’s attorney stated, Hyde and Judge Ditcher frequently play golf together and go on vacations with their families.
Another important aspect of a judge’s job is judicial discretion. It is defined by the authority they have for interpreting and making laws. However, this authority is not unlimited, as they are required to follow statutory law, not overrule it (My Law Questions, 2023). Due to the bias the judge has exhibited towards Harvey’s attorney and his friendship with Hyde affecting the decision, he has not exhibited it appropriately. Thus, due to the presence of prejudice and the relationship interfering with Ditcher’s decision, one of the parties may raise the issue of recusal (Goodman, 2015). Then, the case may either be reassigned to another judge or disqualified.
Conclusion
In conclusion, judges must be impartial; otherwise, they are to recuse themselves. Judge Ditcher’s bias towards Hyde represents a conflict of interest and interferes with his judicial discretion. In this case, he either needs to recuse himself or be recused.
References
Goodman, N. (2015). Well, recuse me! When a judge shouldn’t hear a case. Find The Right Lawyer. Learn About Your Legal Issue | Lawyers.com. Web.
My Law Questions. (2023). What is judicial discretion? (with pictures). Web.
Sachar, D. J. (n.d.). Judicial misconduct and public confidence in the rule of law. United Nations Office on Drugs and Crime. Web.