AG -v- Sinel and Chiddicks [2014] JRC 126B (09 June 2014)

AG -v- Sinel and Chiddicks [2014] JRC 126B (09 June 2014)

The application for recusal is dismissed because the issues for determination do not depend on the credibility or subjective perceptions of the complainants (JSM JJA), but on undisputed primary facts and objective assessment of materiality. The prior judicial association does not create a real possibility of bias in the eyes of a fair-minded and informed observer.

Citation
[2014] JRC 126B
Parties
Applicant: Mr Sinel; Applicant: Mr Chiddicks; Respondent: Attorney-General
Jurisdiction
Jersey
Judgment Date
09 June 2014
Procedural Posture
Application for Judicial Recusal / Interlocutory Application Prior to Substantive Disciplinary Hearing
Outcome
Application for recusal dismissed
Legal Topics
Judicial Recusal, Apparent Bias, Legal Profession Disciplinary Proceedings
Judicial Conduct Professional Discipline Judicial Recusal Apparent Bias Legal Profession Disciplinary Proceedings

Case Brief

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Parties

Mr Sinel

Applicant

Mr Chiddicks

Applicant

Attorney-General

Respondent

Procedural Posture

Application for Judicial Recusal / Interlocutory Application Prior to Substantive Disciplinary Hearing

Legal Issues

  1. 1 Whether the Commissioner should recuse himself from presiding over the disciplinary complaint due to alleged apparent bias arising from prior judicial association with the complainants

Ratio Decidendi

The application for recusal is dismissed because the issues for determination do not depend on the credibility or subjective perceptions of the complainants (JSM JJA), but on undisputed primary facts and objective assessment of materiality. The prior judicial association does not create a real possibility of bias in the eyes of a fair-minded and informed observer.

Court Disposition

Application for recusal dismissed

Orders

  • Application for recusal is dismissed.
  • Application for leave to appeal is dismissed as having no real prospect of success.