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Can a Judge Fairly Decide a Case When He May Be a Witness?

The pending recusal matter asks whether Judge Scott D. Larson may remain the decision-maker when court filings and record materials raise issues of personal knowledge, disputed communications, and potential witness testimony.

This matter concerns Thomas v. Traeger, Adams County, Illinois, Case No. 2013-F-62. The concern is whether Judge Larson may have personal knowledge of disputed events and may be a material witness, while still being asked to decide matters connected to those events.

A fair proceeding should allow relevant witnesses and evidence to be considered under equal rules for both sides. The purpose of the pending motion is to seek a neutral decision-maker and a full, fair opportunity to present the record.

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