A judge who presided over a high-profile murder trial with ties to the prosecution that sent her client to death row is now facing a test of her impartiality. Judge Susan Stallings, who has served on Oklahoma's criminal court bench since 2019, made a startling admission during a closed-door proceeding that may raise concerns about her ability to preside over Richard Glossip's retrial.
According to reports, Glossip's lawyers asked Stallings to recuse herself from the case due to her connections to Fern Smith, the former Oklahoma City prosecutor who first sent Glossip to death row. During their initial meeting, the judge revealed that she had worked for Smith in the early 1990s and had even taken a trip with her in 1997, just before Glossip was charged with murder.
While Stallings insisted that she would treat Prater "like I do anybody else," Glossip's lawyers argue that this is not enough to ensure impartiality. They point out that Stallings has shown loyalty to Smith on several occasions, including by devoting more pages of her opinion in a different case to Smith's testimony than anyone else's.
In fact, experts say that appearances matter when it comes to recusal motions. "The very first Canon in Oklahoma's judicial code requires judges to avoid not only 'impropriety,' but the appearance of impropriety," says Abbe Smith, a law professor at Georgetown University Law Center who specializes in legal ethics.
Glossip's lawyers argue that Stallings is too close to Prater and Smith to preside over Glossip's retrial. "The game is already rigged" if Stallings remains on the case, they say.
As Oklahoma Attorney General Gentner Drummond prepares to retry Glossip for first-degree murder, defense lawyers are concerned about a lack of transparency in the case. The attorney general announced his decision despite a lack of reliable evidence and without warning Glossip's attorneys, who had previously made secret deals with him.
In essence, Stallings' recusal is not just about whether she can be impartial but also about appearances. If she does not step down, it could undermine the commitment to fairness that Drummond has claimed.
According to reports, Glossip's lawyers asked Stallings to recuse herself from the case due to her connections to Fern Smith, the former Oklahoma City prosecutor who first sent Glossip to death row. During their initial meeting, the judge revealed that she had worked for Smith in the early 1990s and had even taken a trip with her in 1997, just before Glossip was charged with murder.
While Stallings insisted that she would treat Prater "like I do anybody else," Glossip's lawyers argue that this is not enough to ensure impartiality. They point out that Stallings has shown loyalty to Smith on several occasions, including by devoting more pages of her opinion in a different case to Smith's testimony than anyone else's.
In fact, experts say that appearances matter when it comes to recusal motions. "The very first Canon in Oklahoma's judicial code requires judges to avoid not only 'impropriety,' but the appearance of impropriety," says Abbe Smith, a law professor at Georgetown University Law Center who specializes in legal ethics.
Glossip's lawyers argue that Stallings is too close to Prater and Smith to preside over Glossip's retrial. "The game is already rigged" if Stallings remains on the case, they say.
As Oklahoma Attorney General Gentner Drummond prepares to retry Glossip for first-degree murder, defense lawyers are concerned about a lack of transparency in the case. The attorney general announced his decision despite a lack of reliable evidence and without warning Glossip's attorneys, who had previously made secret deals with him.
In essence, Stallings' recusal is not just about whether she can be impartial but also about appearances. If she does not step down, it could undermine the commitment to fairness that Drummond has claimed.