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Response to Recusal Request of Justice Malashaan
Topic Started: Feb 21 2016, 05:56 PM (95 Views)
Writinglegend
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Sleepy Gleg.

The Court, after conference with each other, have unanimously decided we will not be recusing fellow Justice Malashaan from the Advisory Opinion deliberation due to the fact his beliefs on this matter are already heavily publicized. Whether he is recused or not, his opinions on the matter will not change, thus we would only lose an intelligent, legally-versed Justice from discussions. All of the Justices know Justice Malashaan will bring nothing but honor and ethics to the behind-the-scenes discussion and will respect the decisions of fellow Justices whether they are in agreement or contrary to his own legal interpretation. While Justice Malashaan himself does have an opinion and a voice, there are also three more opinions and voices on the Court to decide on the AO due to the en banc system. We do not see him participating in deliberations on this matter affecting the specific outcome of the Court, and thus he will continue on without recusal.

Even then, there are legal issues that do bind the decision here. The Judiciature Act states, "The Trial Court shall consist of all Justices of the Court sitting en banc when exercising its Jurisdiction over Advisory Opinions." Therefore, we can assume it can not be an "all minus one Justice" and thus Justice Malashaan must sit en banc for the Advisory Opinion.

An Advisory Opinion on this matter will be published in a timely manner.
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Malashaan
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Supreme Malassimo

I would like to add to this that while I am not recused, I will be taking a back-seat role in this matter. I do understand the concerns expressed and do not wish to risk damage to the reputation of the Court. I will consider any submissions made by members of the bar and the comments of other Justices, and I will cast my "vote" accordingly, but I will not be taking an active role in drafting the language of the opinion.
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I personally look forward to the Maltatorship in the Speakership..
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