Prof. James Sample Comments on Whether a Judge Should Recuse Himself Due to Improper Contempt Charges

James Sample, Associate Professor of Law

Dalton Judge’s Sentences Raise Questions
By Joy Lukachick
Chattanooga Times Free Press
August 22, 2011


But James Sample, a professor at Hofstra Law School in New York, said judges sometimes have more leeway in contempt rulings. Even if a contempt charge isn’t in a city code, judges can sometimes pull from common law to rule on those who ignore the court’s orders, he said.

However, a judge who adds time to a sentence could be questioned, Sample said. The judge should recuse himself to avoid any appearance of impropriety, he said.

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