Focus (Forum & Focus)
Apr. 30, 2008
When Prosecutors Act as Decision-Makers, the People Lose
Forum Column - By Ronald A. Zumbrun - California courts have recognized that in addition to eliminating actual bias, our Constitution must also guarantee the appearance of fairness in administrative procedures.
By Ronald A. Zumbrun
This article appears on Page 4
It is beyond dispute that "[a] biased proceeding is not a procedurally adequate one." Clements v. Airport Authority of Washoe County, 69 F.3d 321, 333 (9th Cir. 1995). The U.S. Supreme Court has thus declared that the right to an impartial decision-maker must be "jealously guarded" in order to "[preserve] both the appearance and reality of fairness, gen...
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