Judge who graduated from accused law school declines to recuse

, The National Law Journal


Can a trial judge be impartial when his alma mater is being sued for fraud? Three attorneys behind a spate of fraud class actions targeting law schools don't think so. They argued on August 1 that Kings County, N.Y., Supreme Court Judge David Schmidt should recuse himself from the case they filed against Brooklyn Law School on behalf of five recent graduates.

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What's being said

  • Lulaine

    I think the attorneys are right to question even though it may not go anywhere most judges have went to law school so by proxy that would probably make them a little bias. That being said if the law school is the one being sued and happens to be the same institution the presiding judge attended, the question is warranted. Even though its a long shot, its good to have it on the record for the appeal.


  • Bernadette

    Darren: I am against frivolous law suits, too. But submitting fraudulent statistics in order to entice consumers to purchase your services is FRAUD, regardless of how sophisticated the consumers might be. I have not sued my law school; but I certainly understand why others have. I think your comment detracts from the credibility of your organization.

  • Darren McKinney, American Tort Reform Association, Washington, D.C.

    Plaintiffs' attorneys in these law school cases undermine their own position when stating the obvious, namely that law school educations are a bad investment. Any idiot who might occasionally glance at a newspaper or online news outlet knows about the increasingly preposterous nature of consumer and personal injury lawsuits in America. And since no self-respecting law school graduate would engage in such parasitic behavior were there available other, more honorable means by which to earn a living, it stands to reason that America suffers a glut of lawyers, not a shortage. And certainly any college graduate sufficiently sophisticated to take the LSAT and apply to law school knows this or should know this. Thus judges in all these cases should grant summary judgment for the defendants.

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