Substantial Interest
“Substantial interest is a term that applies in many contexts and often isn’t capable of a precise definition. It may be defined as a percentage of ownership, but may be more generally used to mean an interest that is not…
Personal Interest
In Tumey, which originated this line of cases, the personal interest was financial and immediate: The compensation of the adjudicating officer (a mayor) included the costs assessed against those defendants whom he found guilty. An equally direct financial gain from…
Actual Bias
Holding that “the remedy for allegations of jury partiality is a hearing in which the defendant has the opportunity to prove actual bias. In these cases, however, the Court regarded “actual bias” as including “not only prejudice in the…
Judges Absolute Immunity To Civil Liability Is Overcome In Only Two Sets Of...
“McInerney has been appointed the presiding judge over the 40 municipal courts in Burlington County. Chief Justice Stuart Rabner named McInerney, of Cinnaminson, New Jersey (Burlington County) (Pictured Above) Chief Justice Stuart Rabner named McInerney , of Cinnaminson, to the position to replace Bonnie L. Goldman, who…
“Shocks the Conscience”
In addressing the standard for a substantive due process claim, the Court noted that it was “behavior at the [extreme] end of the culpability spectrum that would most probably support a substantive due process claim.” Id. at 849, 118 S.Ct. 1708….
Lawyers Have Long Recognized an Ethical Obligation To Represent Litigants...
“Courts have long recognized that attorneys, because of their profession, owe some duty to the court and to the public to serve without compensation when called on. [T]he obligation of the legal profession to serve indigents on court order is…
Fundamental Fairness is Due Process, No Attorney, No Fairness, No Due Process
In United States v. Twigg, 588 F.2d 373, 379 (3d Cir. 1978), we held that due process and “fundamental fairness will not permit any defendant to be convicted of a crime in which police conduct was `outrageous.’” Holding that due…
EQUAL JUSTICE UNDER LAW
Passaic County Legal Aid Society is a prepaid legal services corporation funded in part under the National Legal Services Corporation Act, 42 U.S.C. §§ 2996a-k. Its special mission is to provide legal representation to needy people and to make…
Mandamus Is An Extraordinary Remedy
“‘[W]here the subject concerns the enforcement of the … rules which by law it is the duty of this court to formulate and put in force’, mandamus should issue to prevent such action thereunder so palpably improper as to place…
DOCTRINE OF ABUSE OF PROCESS AND THE RIGHT TO PROCEDURAL DUE PROCESS
The doctrine of abuse of process engages the inherent power of the court to prevent the misuse of its procedure in a way that would be manifestly unfair to a party to the litigation before it or would in some…