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Senator Edward Kennedy — Part 27

154 pages · May 11, 2026 · Broad topic: Politics & Activism · Topic: Senator Edward Kennedy · 154 pages OCR'd
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purpose of during here,what he/judge Stiehl did in the thre- e(3) previous Civil Rights Complaints,only this time,herein he not only sua sponte dismissed this case With-Prejudice,but issued another order for judgment in favor of Defendants.See Appendices(A)(B) and(C),attached hereto.In United States vs. Will,supra., 449 US at 213,the Court make clear,that § 455 requires a judge to disqualify him/herself from a case whereas exists conflict of interest.The Court spoke of the Rule of "Necessity" a well-settled principle at common law,that,as Pollack put it: "talthough a judge had better not,if it can be avoid- ed,take part in the decision of a case in which he has any personal interest,yet he not only may but must ~ do so if the case cannot be heard otherwise.'" Judge,William D.Stiehl,were not the only district judge,in the Eastern District of Illinois,at East St.Louis,another judge, sua sponte disqualified himself,from one of the three(3) cas- es thereafter assigned appellee/Stiehl,see Jones vs.Missouri Bar Administration Committees,et al.,No.96~-668(USDC of ILL. 1996),See appeal in this Court,No.96-3262(7th Cir),pending,The Statute requires the judge to disqualify himself,if a reason- able person knowing all the circumstances,would harbor doubts about his impartiality.Fredonia Broadcasting Corp.ys-.RCA Corp. 569 F 2d 521(5th Cir.),cert denied 439 US 859,99 S Ct 177,58 L Ed 2a 167(1978),Disqualification of federal judges and jus- tices in the courts,86 Harv.L.Rev.736,745(1973).Law-Clerks are sounding boards for tentative opinions and legal researchers who seek the authorities’ that effect decisions.Clerks are privy to the judge's thoughts in a way that neither parties to the -32-.
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