Justice Alara: To preserve the legitimacy of our courts, judges must recuse themselves from any case where there is an appearance of a conflict of interest, even if no actual conflict exists. Because the general public cannot accurately distinguish between apparent and actual conflicts, maintaining public trust demands absolute perceived impartiality.
Professor Vance: Preserving the system's legitimacy is undoubtedly the paramount goal, but mandating recusal for merely apparent conflicts is counterproductive. Cunning litigants frequently manufacture the appearance of conflicts to disqualify judges they suspect will rule against them. Permitting litigants to succeed in this strategic manipulation erodes public trust far more deeply than does the occasional appearance of judicial bias.
Statement: Based on the dialogue, Justice Alara and Professor Vance disagree over whether the appearance of a judicial conflict of interest, when no actual conflict exists, negatively impacts public trust in the judicial system.
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