Goldman v. Bryan’s Empirical Analysis

Citation profile

50 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““a judge has as great an obligation not to disqualify himself, when there is no occasion to do so, as he has to do so in the presence of valid reasons.” Amidon v. State, 604 P.2d 575, 577 (Alaska 1979), citing In Re Union Leader Corp., 292 F.2d 381, 391 (1st Cir. 1961), cert. denied, 368 U.S. 927 . Thus, this court has previously held that a judge has “a duty to preside ... in the absence of some statute, rule of court, ethical standard, or other compelling reason to the contrary.” See Ham v. District Court, 93 Nev. 409 , 566 P.2d 420 (1977); see also United States v. Diorio, 451 F.2d 21, 24 (2d Cir. 1971), cert. denied, 405 U.S. 955 (1972); Wolfson v. Palmieri, 396 F.2d 121 , 124 (2d Cir. 1968); Rosen v. Sugarman, 357 F.2d 794 , 797-98 (2d Cir. 1966). Moreover, where, as here, a judge or justice determines that he may not voluntarily disqualify himself, his decision should be given “substantial weight,” and should not be overturned in the absence of a clear abuse of discretion. See United States v. Haldeman, 559 F.2d 31, 139 (D.C.Cir. 1976), cert. denied, 431 U.S. 933 (1977); Amidon, 604 P.2d at 577 . Further, under these circumstances, a judge or justice is presumed not to be biased, and the burden is on the party asserting the challenge to establish sufficient factual grounds warranting disqualification. Ritter v. Bd. of Com’rs of Adams County, Etc., 637 P.2d 940, 946 (Wash. 1981).”

   4 later decisions quote this exact passage
   e.g. Kirksey v. State · Richardson (Thomas) Vs. State (Death Penalty-Pc)

2. “`must be a present interest in the outcome of the proceeding, not some indirect, remote, speculative, theoretical, or possible interest.'”

   2 later decisions quote this exact passage
   e.g. City of Las Vegas Downtown Redevelopment Agency v. Hecht · Snyder v. Viani

3. “1. A judge shall not act as such in an action or proceeding when he entertains actual bias or prejudice for or against one of the parties to the action. 2. A judge shall not act as such in an action or proceeding when implied bias exists in any of the following respects: (a) When he is a party to or interested in the action or proceeding. (b) When he is related to either party by consanguinity or affinity within the third degree. (c) When he has been attorney or counsel for either of the parties in the particular action or proceeding before the court. (d) When he is related to an attorney or counselor for either of the parties by consanguinity or affinity within the third degree. . . . 3. A judge, upon his own motion, may disqualify himself from acting in any matter upon the ground of actual or implied bias.”

   1 later decision quote this exact passage
   e.g. Kirksey v. State