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Recusal (view source)

Revision as of 23:27, September 23, 2022

458 bytes added ,  23:27, September 23, 2022
A judge may not recuse himself unless the law requires recusal.
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'''Recusal''' is the process by which a [[judge]] is disqualified from hearing a [[case]], on his or her own motion or upon the objection of either party.
 
'''Recusal''' is the process by which a [[judge]] is disqualified from hearing a [[case]], on his or her own motion or upon the objection of either party.
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A judge may not recuse himself unless the law requires recusal. ''In re Aguinda'', 241 F.3d 194, 201 (2d Cir. 2001) ("[W]here the standards governing disqualification have not been met, disqualification is not optional; rather, it is prohibited."); ''In re Drexel Burnham Lambert, Inc.'', 861 F.2d 1307, 1312 (2d Cir. 1988) ("A judge is as much obliged not to recuse himself when it is not called for as he is obliged to when it is.").
 
== See also ==
 
== See also ==
 
*[[28 USC 455]]
 
*[[28 USC 455]]
 
[[Category:Legal Terms]]
 
[[Category:Legal Terms]]
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[[category:recusal]]
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