One more argument in favor of introduction of peremptory challenges to judges in New York

How much is too much for the judge to HAVE to recuse?

The U.S. Supreme Court has ruled in 2009 that accepting $3 mln in an election campaign and then casting a decisive vote to overturn a $50 mln dollar judgment on appeal for the parties who made the $3 mln contribution is a violation of opponent's due process of law.

So, refusal to recuse is not always only up to a judge.

Yet, New York court continued to believe it is.

I repeatedly catch judges in ex parte communications.

Some recuse, some adamantly continue - and retaliate.

It is nearly impossible to get through to the U.S. Supreme Court.

The U.S. Supreme Court does not consider cases interesting or important, oftentimes unless the issue has hit the press big times - or, as in Judge Benjamin's case, the issue is buying a judge through a campaign contribution for $3 mln.

So, if somebody bought YOUR judge for less - that somehow becomes less of a due process problem?

Or, if somebody engaged in an ex parte communication with the judge for a period of time suggesting discussion of the merits and not simply "scheduling" - it is still in judge's hands and "discretion" to decide whether he must or must not recuse, even though the court rules and the U.S. Supreme Court cases mandate recusal where there is an appearance of impropriety.

Yet, judges have a very permissive view of what does or does not appear improper to a reasonable and objective member of the public.  In fact, judges believe that THEY are that reasonable and objective member of the public, and that they are objective enough to analyze their own conscience (where existence of such conscience is unprovable and unverifiable).

And the stubborn refusal of clearly conflicted judges to recuse from cases where ex parte communications occurred, whether with judges directly, or with their "chambers", is one more argument in favor of introduction of:

1) peremptory challenges of judges;
2) voir dire of judges who are making any factfinding decisions.