Judge Refuses To Recuse Himself Over Charge of Religious Bias

Palmer v. City of Prescott, 2010 U.S. Dist. LEXIS 101136 (D AZ, Sept. 7, 2010), is a suit against the city of Prescott, Arizona and various of its officials alleging violations of plaintiff's 4th and 5th Amendment rights. Plaintiff moved to disqualify federal district court Judge David Campbell from hearing the case because Campbell is a member of the Church of Jesus Christ of Latter Day Saints.  Plaintiff, Peter Palmer, is an evangelical Christian who proselytizes Mormons. He alleges that Judge Campbell's religious beliefs will bias him against plaintiff. The judge refused to disqualify himself, saying that plaintiff's proselytizing activities have nothing to do with the claims in this case, and citing federal precedent holding that church membership does not create a sufficient appearance of bias to require disqualification.