An Idaho judge has been removed from presiding over a death-row inmate’s lawsuit due to her past association with a prosecutor involved in the case. The United States Court of Appeals for the Ninth Circuit made this decision on Wednesday, citing a “clear error of law” on the part of U.S. District Judge Amanda K. Brailsford, who had initially chosen not to recuse herself. The case involves Thomas Eugene Creech, who is challenging the actions taken during his clemency hearing.
The Ninth Circuit’s decision stems from Judge Brailsford’s connection with Ada County Prosecutor Jan Bennetts, as both had previously clerked for the same Ninth Circuit judge. The court acknowledged that while they hold no doubt regarding Judge Brailsford’s ability to remain impartial, the perception of a potential bias due to her former relationship with Bennetts necessitated her removal from the case. Details of the ruling are documented in the court’s opinion.
This decision underscores the judiciary’s ongoing commitment to ensuring fairness and the importance of judges maintaining not just actual impartiality, but also the appearance of impartiality. The sensitivity of capital punishment cases adds a layer of complexity to this already intricate judicial responsibility. For the full article, visit Bloomberg Law.