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Seminar Title: The Recusal – a Hot, New Legal Ethics Topic
Instructor: Dr. William D. Brown
2012 Seminar offered via live toll-free conference call 1-3pmET (unless otherwise noted):
Jun 28, Jul 23, Aug 22, Sep 26, Oct 17, Oct 29, Nov 5, Nov 30 (4-6pmET), Dec 27, Dec 31 (4-6pmET)
Description:
The need for a judge to recuse him or herself was thought to have reached a watershed in Caperton v. Massey (U.S.), 2010, but the decision was narrow, leaving many recusal issues on the table. Here we trace recusal back to Chief Justice John Marshall and forward to current cases where a divorcee lawyer’s recusal requests were found frivolous. Other interesting issues include the question of gender raised as possible grounds for the judge to have exercised recusal in a CA Prop 8 decision, capped by a Libertarian pro tem judge who was summarily fired as a result of improper recusals. Legal and judicial ethics are at the fore in this helpful and interesting analysis of the future of recusal motions.
Credit Hours: 2 CLE Hours (Ethics)
Accreditation:
AL, AR, CA, CO, DE, GA, IA, IN, KS, MS, NC, NJ, NM, NV, NY, OH, PA, SC, TX, VA, VT, WA, WI: 2 hrs ethics
MO, WV: 2.4 hrs ethics
OK: 2.5 hrs ethics
TN: 2 hrs dual
NJ: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 2 hours of total CLE ethics credit.
This program has been accredited by the Law Society for 2 Professionalism Hours and 2 New Member CPD Hours.
Materials: Cases, opinions, and articles relating to seminar topic, plus appropriate correlating selections from –
The Ethics of Legal Ethics (Vol. I)
William D. Brown, Ph.D.
Washington: The Wayne Smith Company, 1995
Board of Directors – Lapdog or Watchdog?
William D. Brown, Ph.D.
Leesburg, VA: Wycliff Publishers, 2007
Dissemination: Materials sent via e-mail
Seminar Content:
1.00 hr. Resurrecting importance of recusal
Salient opinions on professionalism and recusal issues
ABA MR 8.2: Judicial and Legal Officials
Applicable Model Code of Judicial Conduct Rules – Canons 2 & 4
Cases of judicial disqualification – fr. Justice John Marshall on
Extra-Judicial Source Rule – outside the case
1.00 hr. Recusal issues and underlying implications
100 law professors weigh in with letter to Congressional leaders
Board to decide if divorce lawyer’s recusal requests were
frivolous
Motion to vacate Judge Vaughn Walker’s Prop 8 judgment
Libertarian pro tem judge fired – improper recusals unethical
Caperton v. Massey U.S. (2009) – limited impact on judicial
ethics
______
2.00 hrs. = Total CLE Credit (Legal Ethics)
Presenter:
William D. Brown, Ph.D.
mailto:wdb@trtcle.com
Education
Ph.D. - Florida State University
M.Th. - Texas Christian University
B.D. - Brite Divinity School, Texas Christian University
B.A. - Lynchburg College
Positions
Chairman and presenter, TRT, Inc. (1990 - present)
President, The Ethics Institute (1992 - present)
Private Practice (Clinical Psychology) (1970 - present)
Academic Appointments
Chair, Dept. of Family Psychology and Community Development, University of Maryland Department Head, Dept. of Child Development & Family Relations, and Associate Professor, Human Factors Research Laboratory, Colorado State University
Professor of Family Life, Stephens College
Psychology Instructor, United States Armed Forces Institute
Publishing/Writing
Brown, William D. Board of Directors – Corporate Governance Lapdog or Watchdog?, Leesburg, VA: Wycliff Publishers, 2007
__________________ The Ethics of Legal Ethics (Vol. 1), Washington: The Wayne Smith Company, 1995
__________________ The Right Thing: ethics inaction/ethics in action, Washington: The Wayne Smith Company, 1991
__________________ Welcome Stress! It Can Help You be Your Best, Minneapolis: CompCare Publishing Co., 1983
__________________ Families Under Stress, Washington: Prentice Hall (Brady Division), 1977
__________________ “A Social-Psychological Conceptual Framework of the Family,” (Chapter VIII) in Emerging Conceptual Frameworks in Family Analysis, F. Ivan Nye and Felix M. Berardo (eds.) New York: The Macmillan Company, 1966
Affiliations
American Bar Association Center for Professional Responsibility
American Psychological Association
Potpourri
Married to Nett Brown
Two children
Seven grandchildren
Veteran, United States Navy (Submarines)
