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28 USC 455 (view source)

Revision as of 03:18, September 22, 2022

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'''28 U.S.C. 455''' is the primary recusal statute for federal judges, which contains important exceptions.
 
'''28 U.S.C. 455''' is the primary recusal statute for federal judges, which contains important exceptions.
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This statute is cited 13,572 times by federal courts and federal agencies, including 30 by the [[U.S. Supreme Court]], and perhaps a surprisingly 404 times by state courts, as of September 21, 2022.
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This statute is inapplicable to most administrative proceedings.  "The term 'judge of the United States' includes judges of the courts of appeals, district courts, Court of International Trade and any court created by Act of Congress ...."  28 U.S.C. § 451.  The judicial disqualification provision in 28 U.S.C. § 455 is inapplicable adjudicators who are not judges.  ''See, e.g.'', ''Bunnell v. Barnhart'', 336 F.3d 1112, 1115 (9th Cir. 2003) (administrative law judges do not fall within 28 U.S.C. § 455); ''Greenberg v. Bd. of Governors of Fed. Res. Sys.'', 968 F.2d 164, 166-67 (2d Cir. 1992) (same);
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''Prospector Capital Partners, Inc. v. DTTM Operations LLC'', 2017 TTAB LEXIS 261, *6 (Trademark Trial & App. Bd. August 18, 2017).
    
== Relevant cases ==
 
== Relevant cases ==
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