[textbook]Traversing the Ethical Minefield Problems, Law, and Professional Responsibility by Susan R. Martyn (z-lib.org)(1) (1)

persuasive opinion — even if the Court decided to deny the motion — than the one Scalia
handed down. And the world would also have far more confidence that the result that was
reached was a fair one.
Second, we could not find a better poster child than Justice Scalia’s conduct and his
defense for the importance of maintaining an appearance standard, if not the current
appearance of impropriety standard, in our canons of judicial conduct. Since Justice Scalia
may be completely unaffected by his sojourn with Dick Cheney, some of us might agree
with Justice Scalia’s assertion that if a Justice of the Supreme Court could be corrupted by
this little fishing adventure then the nation is in real trouble. On the other hand, the
appearance that Justice Scalia would be biased as a result of his Louisiana sojourn is
something our canons of judicial ethics cannot condone or ignore. . . .
In the world of judging, appearances count and anyone who thinks that a requirement
that judges be unfettered, honest and erudite in all things is enough, if what the judges
appear to be doing goes unregulated, is failing to recognize how fragile is the trust the
American public is currently willing to repose in our judiciary. . . .
What is it then that we don’t want our judges to appear to be doing, even if they are
not in fact doing it? We don’t want them to engage in conduct that might lead the public
to question their impartiality. We don’t want them to engage in conduct that might lead
the public to question their independence. We don’t want them to engage in conduct that
might lead the public to question their honesty. And we don’t want them to engage in
conduct that might lead the public to question their competence. . . .
Justice Scalia’s adventure with Vice President Cheney not only reflected an appearance
of impropriety, but also reflected an appearance that Justice Scalia was not impartial. . . .
Maintaining the Court’s dignity is critical to both of its symbolic roles. Gentle reader,
please read Justice Scalia’s 21 page tirade again. Has Justice Scalia enhanced the dignity of
the Court by providing us with this? Do we feel better about the Court knowing that this
Justice did not recuse himself because he did not sleep with Vice President Cheney? I don’t
think so and I’ll bet you don’t either.
Williams v. Pennsylvania
136 S. Ct. 1899 (2016)
Justice KENNEDY delivered the opinion of the Court. . . .
Petitioner is Terrance Williams. In 1984, soon after Williams turned 18, he murdered
56-year-old Amos Norwood in Philadelphia. At trial, the Commonwealth presented
evidence that Williams and a friend, Marc Draper, had been standing on a street corner
when Norwood drove by. Williams and Draper requested a ride home from Norwood, who
agreed. Draper then gave Norwood false directions that led him to drive toward a cemetery.
Williams and Draper ordered Norwood out of the car and into the cemetery. There, the
two men tied Norwood in his own clothes and beat him to death. Testifying for the
Commonwealth, Draper suggested that robbery was the motive for the crime. Williams
took the stand in his own defense, stating that he was not involved in the crime and did not
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