Possible conflict of interest in Disney monorail case

[daguru]

Ultimately the decision is up the judge, but I'm sure he wants to discuss it with each lawyer for their opinion. He probably also wants to ensure that if they have no problems with him staying on the case, they they do not use it as a reason for appeal for which ever party loses....

 

[sjnichol]

The Judge should have never been assigned this case. Upon the assignment of the case, this Judge should have automatically recommended that the case be reassigned. Although the Judge may be as fair and impartial as one could be, the mere hint of of impropriety will allow the losing party of this case to appeal the decision. The case decision will almost certainly be overturned by an appeals court and a new judge would then be assigned. A waste of time and taxpayers money would be a result. This Judge should just recluse himself from the case now and be done with it. It is possible that the Judge did bring this point to the assignment Judge and the Assignment Judge may have directed him to advise the parties of this issue and recommend they agree to allow the Judge to hear the case or formally request he be removed.

 

[lazyboy97o]

I too fail to see the conflict of interest. Any knowledge the judge still has of the monorails is in regard to the long gone Mark IVs and he has no knowledge of piloting a monorail down to EPCOT Center.

 

[tigsmom]

The judge does not have to recuse himself if he feels he can be impartial (as he is trained to be). Just because he has experience as a monorail pilot does not make him unfit to hear this case. IF he felt he could not be impartial then he would have automatically recused himself (and this is obviously not the case). He has to mention it (even though it was 35 years ago) because it can be perceived by one side or the other as being prejudiced and can be used by the losing side to obtain a new trial. If one side or the other objects to him hearing this case then he will step down if not th3n he gets to hear the case.

If you had to exclude every judge who had experience in anything then there would be none.

 

[goshdarnstud]

You can't just "get a new judge" like you could change your babysitter if you don't like the music they listen to. It's a more complex situation and judges don't like to take recuse themselves if they feel that they are still fully capable of being impartial.

Generally speaking you actually can. Most states (and I'm way to lazy to check Florida law) allow each side to have one free substitution of a judge as a matter of right. As long as the judge has not made any substantial rulings (like on evidence or on the merits of the case) the judge can be bounced off the case just by filing a motion. If there is bias, either side can have the judge step aside by filing a motion that states the bias. In this instance is sounds like if either side requests the judge to step away the judge will recuse himself.

 

[WendyTinkerbell]

Every court system does not have an assignment judge. Also, the judge will not be testifying about his experience as a monorail pilot. He will ruling on legal questions. I'm sure there are many judges in the Orlando area that have or have had family work at Disney World.

 

[BrerFrog]

Well, that is certainly an odd coincidence.

 

[KaliSplash]

Seems to me he has to step aside. If Disney wins, it's because he once worked for the company. If Disney loses, it's because he was a monorail driver or a disgruntled employee.

 

[Mr.EPCOT]

....Thanks for that. You can take your money elsewhere. :fork:

HAH! Thanks for playing, but keep guessing! :ROFLOL:

 

[tigsmom]

Seems to me he has to step aside. If Disney wins, it's because he once worked for the company. If Disney loses, it's because he was a monorail driver or a disgruntled employee.

He is under no obligation to step aside. If he felt he could not be impartial then he would have already done so. If everyone is ok with the situation the trial goes on as is; that is why he was meeting with both sides, to get their input.