A judge's admitted friendship with a former lawyer he was sentencing has led the 2nd Circuit to remove him from the case. Federal Judge John Elfvin had already sentenced Timothy Toohey on two occasions -- only to have the 2nd Circuit remand the case each time. Elfvin explained why he gave Toohey two sentences of probation, saying to him: "I really bent over backwards on your behalf." That statement and others by the judge, the circuit said, were an acknowledgement of "an unambiguous bias."
May 22, 2006 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
A judge’s admitted friendship with a former lawyer he was sentencing has led a federal appeals court to remove him from the case.
Western District of New York Judge John Elfvin had already sentenced Timothy Toohey on two occasions — only to have the 2nd U.S. Circuit Court of Appeals remand the case each time.
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