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SCOTT v. U.S.

Nos. 85-206, 86-423.

559 A.2d 745 (1989)

Monroe W. SCOTT, Jr., Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided May 10, 1989.

Attorney(s) appearing for the Case

James Klein, Public Defender Service, with whom Maureen T. Cannon and Jennifer P. Lyman, Public Defender Service, Washington, D.C., were on the brief, for appellant.

Saul M. Pilchen, Asst. U.S. Atty., with whom Joseph E. diGenova, U.S. Atty., at the time the brief was filed, and Michael W. Farrell and Zinora M. Mitchell, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee.

Before ROGERS, Chief Judge, MACK, NEWMAN, FERREN, TERRY, STEADMAN, and SCHWELB, Associate Judges, and PRYOR, Senior Judge.

ON REHEARING EN BANC

ROGERS, Chief Judge:

We must decide the appropriate remedy for a violation of Canon 3(C)(1) of the American Bar Association's Code of Judicial Conduct which requires that "[a] judge should disqualify himself in a proceeding in which his impartiality might reasonably be questioned." CODE OF JUDICIAL CONDUCT Canon 3(C)(1).1 The trial judge presided at a trial prosecuted...

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