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Did Judge Madden have a conflict of interest concerning the testimony of Lanny E. Robins, a doctor employed by Grand View Hospital???
From www.freedonmiller.com...
"Since Don's trial, it was discovered that the Judge on Don's case, Patrick Madden, was on the Board of Directors at the Grand View Hospital when Connie was sent there for Dr. Robins' exam. We now know that Connie and the Judge were sexually involved, and we now know Judge Madden was Dr. Robins' boss! This was confirmed by the Grand View. No wonder DA Lipske sent her there rather than to a Wisconsin hospital."
From The Temple Law Review, NO ACTUAL BIAS NEEDED: THE INTERSECTION OF DUE PROCESS AND STATUTORY RECUSAL
1. State Judicial Codes
All fifty states have adopted the American Bar Association’s Model Code of Judicial Conduct (“Model Code”) in substantial part.20 Rule 2.11 of the Model Code governs recusal.21 Rule 2.11(A) provides that “[a] judge shall disqualify himself or herself in any proceeding in which the judge’s impartiality might reasonably be questioned, including but not limited to” six specific examples then listed.22 The comment to Rule 2.11 indicates that this provision is a catch-all, and that recusal is not limited to the situations given as examples. 23
Rule 2.11(A)(1) through (6) require recusal in instances of the judge’s
personal bias against a party or lawyer; the judge’s personal knowledge of the facts of the proceeding; an economic interest24 in the outcome of the litigation on the part of the judge or his spouse, parent, or child; when the judge, his spouse, or his close family member is a party, trustee or officer to a party, lawyer, material witness, or has an interest substantially affected by the proceeding; and when the judge has made public statements that appear to commit the judge to an issue in the case.25 Rule 2.11(A)(4) provides for recusal when “the judge knows or learns by means of a timely motion that a party, a party’s lawyer, or the law firm of a party’s lawyer has within the previous [insert number] year[s] made aggregate contributions to the judge’s campaign in an amount that is greater than $[insert amount],”26 leaving it up to the state adopters of the Model Code to determine the year and dollar amounts. At least one state has adopted Rule 2.11(A)(4).27
Have a look at past cases where Judge Madden recuses himself for conflicts of interest.
GVH Board members serve 6 year terms on the Board and are allowed to serve 2 consecutive terms. Was Judge Madden reappointed for another term in 1997 and serve on the Board at the time of Don's trial???
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