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Judges and Judiciary

Nov. 4, 2009

Impartiality of Judge Questioned

When is a recusal not a recusal? That's the question the state Supreme Court is considering in a situation where a judge disqualified himself from a case but later heard it anyway.

By Laura Ernde

Daily Journal Staff Writer

When San Diego County Superior Court Judge Robert F. O'Neill heard rumors his close friend and fellow judge was the target of a stalker, he did what many judges would do: He disqualified himself from hearing the alleged stalker's bail request.

But after the rumors couldn't be substantiated nearly two years later, O'Neill's supervisor sent the case back to him for tr...

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