Apparent Due Process Violation Amid Federal Litigation (Davis)

Judge Ratledge Refuses to Recuse Himself

On September 9, 2024, more than a month after Plaintiffs initiated their lawsuit, Plaintiff Davis filed a motion to recuse Judge Brian Ratledge due to the judge’s failure to take action on his own regarding an upcoming hearing scheduled for October 30, 2024. Judge Ratledge’s refusal to recuse, along with Judge Julie Bell’s refusal to do the same, formed the basis of the supplemental complaint Plaintiffs filed on September 19, 2024.

Why This Raises Significant Concerns:

• State and Federal Law Violation: Even though Judge Ratledge has been named as a defendant in the relevant lawsuit, the judge’s consistent refusal to recuse himself can be a violation of both the state and the national requirement of due process. The failure to move aside, particularly in the context of a federal civil rights lawsuit, indicates that the court might not be impartial and hence the violation of statutes such as 28 U.S.C. § 455(a) as well as 18 U.S.C. § 242 is probable.
• Appearance of Bias: When a judge is in a lawsuit that pertains to constitutional violations, he or she is supposed to stand down to avoid bias. Judge Ratledge’s ongoing participation is indicative of that which the judiciary has lost its credibility in the eyes of the public and the trust of the public in the justice system may be affected.
• Procedural Bias: The involvement in this case by Judge Ratledge while he could have an influence over the outcome of the process, especially with the matters that might bring his own earlier judicial conduct into question is surely a big concern. Thus, equitable and just rulings and orders by him in the days to come are questionable.
• Violation of Due Process: Because of the consistent refusal to recuse in the light of objections and the ongoing federal case, it can be seen as a violation of due process. Every single person who is involved (litigants) is entitled to a fair trial and the fact that the sitting judge is not moving aside might breach this individual’s right to a fair trial.
• Judicial Integrity: Trust in the judiciary is damaged when judges do not address conflicts of interest in cases, which are supposed to emphasize the aspect of fairness and integrity of the judiciary. This only has an impact on the current lawsuit but also initiates the pending cases where partiality might be the issue.

Read Plaintiff Davis’s Motion to Recuse

Plaintiff Davis’s Motion to Recuse