Difference between revisions of "Recusal"
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(New page: 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.category:legal terms) |
(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.[[category: | + | '''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 == | ||
| + | *[[28 USC 455]] | ||
| + | [[Category:Legal Terms]] | ||
| + | [[category:recusal]] | ||
Latest revision as of 23:27, September 23, 2022
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.
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.").