- Fri Jun 03, 2016 1:36 pm
#26099
Complete Question Explanation
(See the complete passage discussion here: lsat/viewtopic.php?t=10851)
The correct answer choice is (C)
This Author’s Perspective question asks what the author thinks about the current means of addressing judicial bias in some jurisdictions—allowing parties other than the judge to allege potential for bias. In the second paragraph, the author discusses a central problem with this approach: When the rules focus on appearances, this makes is more likely that sources of actual bias may be overlooked by observers or even by the judges themselves.
Answer choice (A): This is an Opposite answer, as the rules governing the current approach to recusal provide “vague guidance at best” (line 12). The rules are certainly not “rigid.”
Answer choice (B): The author does not state that such statutes are incompatible with a requirement that judges make their reasoning transparent, nor that this is a weakness associated with such statutes. The problem with rules focusing on the appearance of bias may cause people to overlook sources of real bias on the part of presiding judges.
Answer choice (C): This is the correct answer choice. As discussed above, the author believes that such appearance-focused rules can cause observers to overlook sources of actual bias on the part of the judge (lines 22-24).
Answer choice (D): The author does not claim that any conflict exists between the referenced statutes and judges’ professional codes of conduct.
Answer choice (E): The author does not discuss the likelihood that 3rd party requests for recusals would be granted. This choice fails the Fact Test and should be eliminated from contention.
(See the complete passage discussion here: lsat/viewtopic.php?t=10851)
The correct answer choice is (C)
This Author’s Perspective question asks what the author thinks about the current means of addressing judicial bias in some jurisdictions—allowing parties other than the judge to allege potential for bias. In the second paragraph, the author discusses a central problem with this approach: When the rules focus on appearances, this makes is more likely that sources of actual bias may be overlooked by observers or even by the judges themselves.
Answer choice (A): This is an Opposite answer, as the rules governing the current approach to recusal provide “vague guidance at best” (line 12). The rules are certainly not “rigid.”
Answer choice (B): The author does not state that such statutes are incompatible with a requirement that judges make their reasoning transparent, nor that this is a weakness associated with such statutes. The problem with rules focusing on the appearance of bias may cause people to overlook sources of real bias on the part of presiding judges.
Answer choice (C): This is the correct answer choice. As discussed above, the author believes that such appearance-focused rules can cause observers to overlook sources of actual bias on the part of the judge (lines 22-24).
Answer choice (D): The author does not claim that any conflict exists between the referenced statutes and judges’ professional codes of conduct.
Answer choice (E): The author does not discuss the likelihood that 3rd party requests for recusals would be granted. This choice fails the Fact Test and should be eliminated from contention.