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Nebraska High Court: Judge OK Not to Recuse Self from Case

ne-supreme-courtOMAHA, Neb. (AP) — The Nebraska Supreme Court says a farmer who dug around for information on the landowning business of the judge hearing his lawsuit had no right to then expect the judge to excuse himself from the case.

The decision came in the case of Thomas Kalkowski, who sued a foundation from which he leased land over an irrigation issue.

While the lawsuit was pending, Kalkowski sought information from an official about property owned by the judge overseeing his case. The official, believing Kalkowski wanted to buy the property, contacted the judge.

Kalkowski then sought to have the judge removed, saying he should not have talked to the official, and that the judge’s leasing of land to a farmer was similar enough to Kalkowski’s situation as to create a conflict of interest.

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