problem is magnified by the complexity of the issue at hand and the money spent by stakeholders attempting to frame the issue for their benefit.
Not long after, appeals were indeed filed, McDonald was added to the Supreme Court, and lo and behold, a decision was to be made regarding the constitutionality of a “prospective” death penalty. Judge McDonald was required by rule and by common sense to recuse himself based on his own previous involvement. Yet, he chose to remain on the court and cast the deciding vote 4-3 to not only scrap the problematic law, but to repeal the entire death penalty in our state using the judicial system. This is the very definition of “legislating from the bench.”