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42 Clev. St. L. Rev. 1 (1994)
Judicial Bias

handle is hein.journals/clevslr42 and id is 11 raw text is: JUDICIAL BIAS1 DONALD C. NUGENT2 I. INTRODUCTION ...................................... 2 II. PERCEPTION AND THE DECISION-MAKING PROCESS ............ 4 A. An Illustration of the Problem of Perception ........... 8 B. The Influence of Schemata on Perception and Decision-M aking ............................... 12 1. A ttention .................................. 12 2. Adaptation ................................ 14 3. Organization ............................... 17 III. JUDICIAL DISQUALIFICATION AND RECUSAL STANDARDS ........ 20 A. Disqualification of a Federal Judge ................. 22 B. Disqualification of a State Judge ................... 29 IV. THE IMPACT OF BIAS AND PREJUDICE ON THE DECISION- MAKING PROCESS .................................... 34 A. Categories of Bias ............................... 34 1. Gender Bias ................................ 34 a. Gender Bias and Family Law ................ 35 i. Property Settlements and Alimony ..... 36 ii. Child Support ....................... 37 iii. Child Custody ....................... 40 b. Gender Bias and Victims of Crime ............ 41 c. Gender Bias and Women Attorneys, Litigants and Witnesses .................... 43 1This article is in partial fulfillment of the requirement for the Master of Judicial Studies Program at the University of Nevada, Reno, in cooperation with the National Judicial College. 2Judge, Ohio Court of Appeals, Eighth Appellate District; A.B., Xavier University and Loyola University of Rome, Italy, 1970; J.D., Cleveland State University, Cleveland-Marshall College of Law, 1974. Judge Nugent is a veteran of the United States Marine Corps, a member of the Vietnam Veterans of America, Inc., and a member of the Board of Trustees of the Greater Cleveland Veterans Memorial, Inc. Judge Nugent was an Assistant Prosecuting Attorney for Cuyahoga County, Ohio, in the Major Trial division from 1975 through 1984. Judge Nugent was elected as judge in the General Division of Cuyahoga County Common Pleas Court in 1984, was re-elected in 1990, and was elected to the Court of Appeals in 1992. Judge Nugent is co-founder and vice-chair, judicial, of the Litigation Section of the Cleveland Bar Association and a member of the Committee on Legal Ethics and Professional Conduct of the Ohio State Bar Association.

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