Second Legal Ethics Expert: Judge Walker Ought To Have Disclosed His Partnership with a Man


In the LATimes:

New York University Law School Professor Stephen Gillers said that as long as Walker did not wish to marry his partner in California, there was no reason to disqualify him from the case. But Gillers said Walker should have disclosed his situation prior to trial.

"A judge should always disclose facts that are not publicly available, as in public financial disclosure filings, to give the parties a chance to seek recusal," Gillers said.

He cited an American Bar Assn. model of conduct that says a judge should disclose information that the litigants or their lawyers "might consider relevant to a possible motion of disqualification, even if the judge believes there is no basis for disqualification."