MJ Recusal

United States v. David, ACM S31478 (A.F. Ct. Crim. App. 10 February 2009), is of interest on the question(s) of when a military judge should recuse him or herself from a case.  Here the military judge disclosed, in a naked urinalysis-cocaine case, close family member was a drug addict.

The issue was raised as a Grosty.  While not a law review discussion of MJ recusal issues, it's worth reading for the reminder on the basics.  Perhaps the trial defense counsel thought the MJ might be more sympathetic in some way so did not make a challenge, that could be a reasonable strategy.

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