bopbamboom 
Member since Jun 27, 2010


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  • No longer a referendum on Obama

    A truism of American presidential politics is that elections involving an incumbent standing for reelection are driven almost entirely by voters' analyses of the performance of that president.
    • Jul 18, 2012
  • Obamacare (Romneycare) off the table

    Poor Rick Santorum could only shrug in frustration when he complained in the Florida debate about the supreme irony of the 2012 presidential race: Republicans made President Obama vulnerable two years ago by demonizing his health-insurance reforms and now they are about to nominate one of two men who cannot effectively use the issue against him.
    • Feb 1, 2012
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Recent Comments

Re: “Hutchinson names justice for casino case

Warren is a good guy. He will call it likes he sees it.

Posted by bopbamboom on 09/15/2016 at 3:46 PM

Re: “UPDATE: Supreme Court names special masters to consider ballot challenges

Judges, like attorneys, take an oath to "avoid the very appearance of impropriety." If a judge has or has had a relationship with a litigant that might create that appearance then they recuse. In Federal Court, all judges have a "recusal list" that is examined when a filing is initially assigned by the computer to him or her. If a litigant is on the list (a relative, an old firm or client, friends etc) the judge automatically is recused and the case goes to someone else.

A judge doesn't recuse because a case is difficult or because "they can't do the job." They recuse, and properly so, because of relationships with litigants that might create an appearance of impropriety. This is the reason that judges recuse.

3 likes, 0 dislikes
Posted by bopbamboom on 09/11/2016 at 11:20 AM

Re: “UPDATE: Supreme Court names special masters to consider ballot challenges

It's not. Really. The master won't decide the case. He will develop the record for the Supreme Court as it is not a trier of fact.

This is all on the level. At least procedurally. But the fact that people are willing to think the worst from Jump Street gives you an idea of the level of distrust out there.

5 likes, 0 dislikes
Posted by bopbamboom on 09/10/2016 at 11:57 AM

Re: “UPDATE: Supreme Court names special masters to consider ballot challenges

Vanessa-

The Supreme Court is typically an appellate court. That is, it rules on decisions made by lower courts based on the record created there. Here. these actions are original actions filed in the Supreme Court pursuant to the Arkansas Constitution. There is not much of a record to work with and so the Court appointed Special Masters to make proposed findings of fact to it. The master will hold a hearing to determine what the facts are. That way, the Court will have a record before it to rule on.

Courts also sometimes appoint masters in cases that involve highly technical matters that a particular judge might find beyond his or her expertise. Typically, the lawyers will agree to this if they don't raise the issue themselves. The findings of the master are not binding on the Judge and the lawyers can argue about what these findings mean.

It's unusual but strictly within the law and Court Rules.

Does that help any?

10 likes, 0 dislikes
Posted by bopbamboom on 09/10/2016 at 8:49 AM

Re: “The oppressive open line

Hey Max-

I played golf @ 3. It wasn't too bad out there in the breeze.

4 likes, 1 dislike
Posted by bopbamboom on 09/05/2016 at 4:52 PM

Re: “KARK/FOX 16: Report of officer-involved shooting

It is a miracle from God that this doesn't happen more often.

1 like, 0 dislikes
Posted by bopbamboom on 09/01/2016 at 10:50 AM

Re: “Legislature subpoenas judge to testify about child custody decisions.

PJ-Does she have to honor the subpoena? I think one can make a good argument that she is immune. In any event, she certainly does not have to explain her decisions as a judge other than to say that she followed the law as she understood it.

Period.

2 likes, 0 dislikes
Posted by bopbamboom on 08/31/2016 at 10:57 AM

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