Judge Punished For State Bias in DWI Case

2/28/12. In re the Matter of Gregory McCloskey, decided 2/24/12

Judge who revealed a bias to the State by suggesting questions to the
prosecutor in a DWI cases has been publically reprimanded by the Supreme
Court. Even though the questions could have been asked by the judge himself, the court must remain impartial, and it is not acceptable for a court
to appear to be biased to the State.  The Court determined that the judge must be:

“publicly reprimanded for violating Canon l(a judge should
maintain high standards of conduct so the integrity and
independence of the judiciary are preserved), Canon 2A (a judge
should act at all times in a manner that promotes public
confidence in the integrity and impartiality of the judiciary),
Canon 3A(6) (a judge shall neither initiate nor consider ex
or other communications concerning a pending or impending
proceeding), Canon 3C(1) (a) (a judge should disqualify himself
from a proceeding in which the judge’s impartiality might
reasonably be questioned), of the Code of Judicial Conduct and
Rule 1:12-1(e) (a judge is disqualified from presiding over any
matter in which the judge “is interested in the event of the
action”) and (f) (a judge is disqualified from any action in which
there is any reason “which might preclude a fair and unbiased
hearing and judgment, or which might reasonably lead counsel or
the parties to believe so”)”