Tuesday, February 01, 2005

Update on Puerto Rico Electoral Cases & Complaint Against District Judge Domínguez

The First Circuit issued a corrected opinion in Puerto Rico Electoral Cases - Rossello-González v. Calderón-Serra, slip op. No. 04-2610 (1st Cir. Jan. 28, 2005) -of which we earlier posted on here (original opinion) and here (denial of petition for rehearing en banc).

We have also learned that the judicial ethics complaint filed against U.S. District Judge Daniel R. Domínguez has been dismissed, although we have not seen the Order itself. In our initial report on this here we stated:
We have read a report of some sort of judicial complaint filed against Judge Domínguez by a non-party to any of the cases, alleging that he should not be hearing the electoral cases because the son of one of the candidates -former Governor Rossello- was a law clerk for Judge Domínguez. Funny that none of the parties have requested recusal. I wonder if this "concerned" citizen went to Puerta de Tierra and filed a similar complaint regarding Supreme Court Chief Justice Federico Hernández-Denton, for whom the other candidate, Anibal Acevedo-Vila, clerked at one time. I doubt the concerned citizen did any such thing, but I mention it because I am seeing and hearing too many persons who should know better, make cheap attacks against a highly regarded and impartial federal judge. There are good legal arguments on all sides, and we do not need to wreck our institutions for short term political agendas. Shame on that "concerned" citizen for being such a hypocrite!
We might have also wondered whether another Puerto Rico Supreme Court Justice (Fuster) should have also recused himself, since he once ran against Pedro Rossello for Resident Commissioner. I guess the complainant against Judge Domínguez simply did not know of these matters. Sure!