Weighing Judicial Conduct Against Free Speech: Mississippi Commission On Judicial Performance V. Wilkerson

Justice System JournalVol. 27 Nbr. 1, January 2006

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Summary


The court stated that maintaining judges to conceal their private views on gays and lesbians would actually lead to trials in which gays and lesbians remained unaware of the judge's bias, and if enforced the ban could actually lead to trials prejudicial to gays and lesbians. However, because Judge Wilkerson's views on gays and lesbians are now known, the court noted that Judge Wilkerson will "doubtless face a recusal motion from every gay and lesbian citizen who visits his court," id., at 1015, and that should he deny such motions he would face a substantial risk of future complaints.

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Weighing Judicial Conduct Against Free Speech: Mississippi Commission On Judicial Performance V. Wilkerson

In late March 2002, a Mississippi County justice named Connie Glen Wilkerson wrote a letter to a local weekly newspaper, the George County Times, decrying recent legislation in California that extended various legal protections to gay and lesbian partners. In the letter, the judge wrote that b...

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