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Senator Edward Kennedy — Part 27
Page 44
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purpose of during here,what he/judge Stiehl did in the thre-
e(3) previous Civil Rights Complaints,only this time,herein
he not only sua sponte dismissed this case With-Prejudice,but
issued another order for judgment in favor of Defendants.See
Appendices(A)(B) and(C),attached hereto.In United States vs.
Will,supra., 449 US at 213,the Court make clear,that § 455
requires a judge to disqualify him/herself from a case whereas
exists conflict of interest.The Court spoke of the Rule of
"Necessity" a well-settled principle at common law,that,as
Pollack put it:
"talthough a judge had better not,if it can be avoid-
ed,take part in the decision of a case in which he
has any personal interest,yet he not only may but must
~ do so if the case cannot be heard otherwise.'"
Judge,William D.Stiehl,were not the only district judge,in the
Eastern District of Illinois,at East St.Louis,another judge,
sua sponte disqualified himself,from one of the three(3) cas-
es thereafter assigned appellee/Stiehl,see Jones vs.Missouri
Bar Administration Committees,et al.,No.96~-668(USDC of ILL.
1996),See appeal in this Court,No.96-3262(7th Cir),pending,The
Statute requires the judge to disqualify himself,if a reason-
able person knowing all the circumstances,would harbor doubts
about his impartiality.Fredonia Broadcasting Corp.ys-.RCA Corp.
569 F 2d 521(5th Cir.),cert denied 439 US 859,99 S Ct 177,58
L Ed 2a 167(1978),Disqualification of federal judges and jus-
tices in the courts,86 Harv.L.Rev.736,745(1973).Law-Clerks are
sounding boards for tentative opinions and legal researchers
who seek the authorities’ that effect decisions.Clerks are privy
to the judge's thoughts in a way that neither parties to the
-32-.
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