South Bend, Ind., Jan 12, 2010 / 16:05 pm
The trial judge assigned to the legal case involving 88 pro-life activists arrested for demonstrating at the University of Notre Dame recused herself from the case last week. The activists had demonstrated against the university’s decision to host President Barack Obama as a commencement speaker and award him an honorary degree.
Defense attorneys had appealed Judge Jenny Pitts Manier’s ruling denying their request that she recuse herself. In Indiana the standard for recusal states that the judge must be shown to have actual bias or the perception of bias. The defense argued that Judge Manier should recuse herself based on her prior rulings in abortion protest litigation, her husband’s criticism of Catholic pro-life teachings as a tenured philosophy professor at Notre Dame and other factors.
The case will be sent back to the chief judge of the St. Joseph County civil court for the assignment of a new trial judge, a press release from the Chicago-based Thomas More Society reports.
In December 2009, attorneys Tom Dixon and Dave Wemhoff had argued for the recusal and also argued that the trespass charges against the defendants should be dismissed.