Prof. Monroe Freedman Discusses Issues of Judicial Recusal in the James ‘Whitey’ Bulger Trial

Monroe H. Freedman, Professor of Law


There are two tests for deciding whether a judge should disqualify, or recuse, himself from a trial. Does the judge have a bias? That’s the first test. The second is whether a “reasonable person might question his impartiality.”

Now comes Judge Stearns, who, in the 1980s, was a top-ranking prosecutor in the U.S. Attorney’s Office here in Boston.
Why might that matter? To law professor Monroe Freedman, of Hofstra University, it matters because Stearns “was part of the [U.S.] Justice Department in that office at the very time that the worst of the scandal was taking place.”

Listen to the full story at wbur.com.