Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Sunday, August 12, 2007

Recusal for Being Catholic?

An attorney in Ft. Lauderdale, Florida has filed a motion for recusal of U.S. District Court Judge William Zloch from an employment case for bias, based on his "deep religious beliefs."  Law.com reports that:

In a 110-page motion for recusal filed last month, Spolter cited Zloch's hiring of several law clerks from Ave Maria Law School, a donation to the Roman Catholic school and his attendance at several junkets for judges sponsored by conservative organizations.

The motion itself is offensive on so many levels it's hard to know where to begin, but most salient perhaps is the fact that supportive statements from lawyers who have appeared before him representing clients like abortion clinics and strippers all claim that he is scrupulously fair.  As "evidence" of bias, the attorney charges that:

Zloch has employed more law clerks from Ave Maria -- three in all -- than any other judge in the nation. Currently, two of his three clerks are Ave Maria graduates.

The school lists Zloch as one of its advocates, featuring him among its "honor roll of donors" for contributing $100 to $500 in 2004.

"Having faculty with strong beliefs favoring one end of the political spectrum would not be troublesome in and of itself," according to Spolter's motion. "It does, however, become problematic when a judge rewards and endorses a law school -- through monetary contributions and by aggressively hiring its graduates as law clerks -- when the faculty is comprised solely of those advocating a certain limited range of political and religious beliefs."

Does anyone else find this sort of scary?

https://mirrorofjustice.blogs.com/mirrorofjustice/2007/08/recusal-for-bei.html

Schiltz, Elizabeth | Permalink

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