Nelson v. Fitzgerald’s Empirical Analysis

Citation profile

1 district · 12 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Disqualification of judicial officer for cause. (a)A judicial officer may not act as such in a court of which he is a member in an action in which (1)he is a party or is directly interested; (2) he was not present and sitting as a member of the court at the hearing of a matter submitted for its decision; (3) he is a material witness; (4) he is related to either party by consanguinity or affinity within the third degree; (5) either party has retained him as their attorney or has been professionally counseled by him in any matter within two years preceding the filing of the action; (6) the judicial officer feels that, for any reason, he cannot give a fair and impartial decision. (b)Tn an action specified in (a)(4) and (5) of this section the disqualification may be waived by the parties and is waived unless a party raises the objection. (c) If a judicial officer disqualifies himself or consents to disqualification, the presiding judge of the district shall immediately transfer the action to another judge of that district to which the objections of the parties do not apply or are least applicable and if there is no such judge, the chief justice of the supreme court shall assign a judge for the hearing or trial of the action. If a judicial officer denies his disqualification the question shall be heard and determined by another judge assigned for the purpose by the presiding judge of the next higher level of courts or, if none, by the other members of the supreme court. The heari”

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

2. “If a party or his attorney in a district court action or a superior court action, civil or criminal, files an affidavit alleging under oath that he believes that he cannot obtain a fair and impartial trial, the presiding district court or superior court judge, respectively, shall at once, and without requiring proof, assign the action to another judge of the appropriate court in that district, or if there is none, the chief justice of the supreme court shall assign a judge for the hearing or trial of the action. The affidavit shall contain a statement that it is made in good faith and not for the purpose of delay. (Emphasis added.)”

   1 later decision quote this exact passage
   e.g. In re G. K.

3. “One of the fundamental rights of a litigant under our judicial system is that he is entitled to a fair trial in a fair tribunal, and that fairness requires an absence of actual bias or prejudice in the trial of the case.”

   1 later decision quote this exact passage
   e.g. Channel Flying, Inc. v. Bernhardt