Has the Decision-Maker Already Made Up Their Mind? Bias Challenges in the Cornell Case
Two men named in the Cornell lawsuit say the special prosecutor prejudged their case. Here is how bias objections work in a campus Title IX case, and the short deadlines that come with them.
October 18, 2026 · 3 min read
By Jocelyn C. Stewart
Two of the men named in the Cornell civil lawsuit are asking courts to remove New York Attorney General Letitia James as special prosecutor. They argue she took sides before her investigation began. The same question comes up in every campus case: is the person judging me neutral?
The first challenge. According to Newsweek and CNY Central, one of the men filed a petition on Oct. 7 asking a judge to void Gov. Kathy Hochul's appointment of James. Both outlets point to a Sept. 28 post on the attorney general's official account calling what the young woman endured "horrific and unacceptable." Spectrum News, like CNY Central, reports the petition stresses that the post came three days before the appointment. The men deny the allegations, and none has been charged, as Newsweek and The New York Times report.
A second filing. Law Commentary and Los Angeles magazine both report that a second man filed his own challenge. It also asks that prospective grand jurors be questioned about whether they saw her statements. The two outlets give different filing dates, Oct. 8 and Oct. 9.
The other side. Newsweek and Spectrum News both report that the attorney general's office says it is committed to an independent investigation guided by the facts and the law.
What comes next. As Law Commentary and Los Angeles magazine report, Justice James R. Farrell signed an order requiring the state to defend the appointment, with argument set for Oct. 29.
Campus cases have a bias rule too. Federal Title IX rules say the people who run your case may not be biased for or against you. You can object to a hearing panelist before the hearing, and you can appeal on bias after it. Both come with short deadlines.
Related Episodes: S4 H1: Cornell 7 · S4 H2: Cornell 7 Developments: Campus Police Interview & Special Prosecutor · S4 E2: Cornell 7 Case: Call for New Legislation & Using Jane Doe