Opinion
Case ID# 0005011315
05-30-2017
RE: State of Delaware v. Robert W. Hassett
RICHARD F. STOKES JUDGE Robert W. Hassett
SBI # 337363
James T. Vaugh Correctional Center
1181 Paddock Road
Smyrna, Delaware 19977 Dear Mr. Hassett:
In the interest of clarity, the Court elaborates upon the denial of your Motion for Recusal. The standard to be applied when a judge is accused of personal bias was set out in the Supreme Court case Los v. Los. The Court stated,
When faced with a claim of personal bias or prejudice under Canon 3 C(1) the judge is required to engage in a two-part analysis. First, he must, as a matter of subjective belief, be satisfied that he can proceed to hear the case free of bias or prejudice concerning that party. Second, even if the judge believes that he has no bias, situations may arise where, actual bias aside, there is the appearance of bias sufficient to cause doubt as to the judge's impartiality.
I am satisfied that no personal bias or prejudice interfered with this case. I have no bias of any kind or animosity toward you. All information regarding this case was learned through my role as a judge. Further, there was no appearance of bias in this case sufficient to cast doubt upon my impartiality. Thus, this Motion to Recuse is frivolous; and, therefore, was DENIED .
IT IS SO ORDERED.
Very truly yours,
/s/
Richard F. Stokes cc: Prothonotary's Office
David Hume, Esq.
Los v. Los, 595 A.2d 381, 384-85 (Del. 1991)(internal citations omitted).