X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Argued September 10, 2010

Before THOMPSON and OBERLY, Associate Judges, and FARRELL, Senior Judge.

Appellant was adjudged delinquent after she assaulted with a dangerous weapon (ADW shod foot) a girl, C.S., at school. She first argues that Judge Bush erred in not recusing herself from the factfinding hearing, D.C. Code § 16-2316 (2001), on defense request. The argument appears to have two parts. First, appellant cites D.C. Code § 16-2312 (j) in arguing that the judge was compelled by statute to recuse herself “[u]pon objection” because she had “conducted a detention or shelter care hearing” in the case.*fn1 It is true that the judge had conducted a prior shelter care hearing regarding L.M., indeed several, but in only one – held on October 31, 2007, resulting in L.M.’s detention overnight until another judge could hold a formal “probable cause” hearing on the delinquency allegations, see D.C. Code § 16-2312 (e) – did the judge learn of facts related to the offense charged, and that was with the express consent of L.M.’s counsel.*fn2 Because appellant rejected the alternative of letting another judge decide the issue of probable cause justifying overnight detention, she cannot properly complain that by considering the factual allegations for that purpose, Judge Bush became subject to disqualification under § 16-2312 (j). See Brown v. United States, 627 A.2d 499, 508 (D.C. 1993) (defendant may not take one position at trial and contradictory one on appeal).

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

Georgia Legal Awards 2022 (GALA)

June 23, 2022
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession in Georgia.


Learn More

Pennsylvania Legal Awards 2022 (PALA)

June 29, 2022
PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania with their dedication to law.


Learn More

Elite Trial Lawyers 2022 (ETL)

July 14, 2022
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More

Attorney


McGovern Legal Services, LLC seeks an attorney to join our team at our North Brunswick office working with Condominium Associations, Homeown...


Apply Now ›

Commercial Finance Associate (Flexible location)


Duane Morris LLP seeks two commercial finance associates to join its strong and growing 190+ lawyer Corporate Practice Group. The ideal cand...


Apply Now ›

Public Finance Associate


Cozen O Connor seeks an attorney with at least four years of experience to join the firm s growing multi-state Public Finance practice. This...


Apply Now ›

LAWRENCE LAW LLC

05/16/2022
NJLJ Web

Lawrence Law LLC congratulates Jeralyn Lawrence, Esq. on her upcoming installation as President of the New Jersey State Bar Association


View Announcement ›

RAYNES & LAWN

05/11/2022
TLI Web

RAYNES & LAWN is Proud to Welcome Next Generation to the Firm


View Announcement ›