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Posted by: Phantom Shadow ( )
Date: February 09, 2012 12:00PM

In reading articles about the latest 9th Circuit Prop 8 ruling I noticed a failure to mention one important fact about the dissenting judge. Many thanks to David Parker for taking the time to write this letter and supplying the missing information. Was there ever any doubt how judge Smith would vote on the issue?

"Feb. 9 Readers' letters from Mercury News readers


"Dissenting judge has conflict of interest

"During the course of the Proposition 8 appeal, supporters of the ballot measure argued that trial Judge Vaughn Walker should have recused himself because he had a personal interest in the outcome of the trial and decision.

"The Mormon church spent millions of dollars in support of Proposition 8's passage. While the supporters may be leading the charge for an "equal playing field," they failed to disclose that one dissenting vote in this case had a personal interest in this matter; specifically, Judge N. Randy Smith, a George W. Bush appointee and devout Mormon. And yet, they don't cry foul?"

David Parker
San Jose

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Posted by: lulu ( )
Date: February 09, 2012 12:31PM

Born in Logan, went to BYU for both undergrad & law school (why is that?) lives in Pocatello ID.

Bishop?
Stake Pres?

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Posted by: AKA Alma ( )
Date: February 09, 2012 04:01PM

Agreed... it's only a conflict of interest when it conflicts with my interest.

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Posted by: Mrs. Estzerhaus ( )
Date: February 09, 2012 03:32PM

Just wondering why the Mormon volunteered for the job.

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Posted by: lulu ( )
Date: February 09, 2012 06:07PM

they pull the names out of a hat, well, OK, a computer program randomly assigns 3 judges to every case. The idea is that no one can influence which three judges hear a case.

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Posted by: GNPE ( )
Date: February 09, 2012 06:59PM

NRS could have recused himself... (like THAT was gonna happen!)

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