Also known as:judicially disqualify · disqualify a judge · judge disqualification · disqualification of judge · recusal · recuse · judicial recusal
Written by attorneys · grounded in primary & secondary sources — see below
A procedure by which a judge is removed from a case when the judge is less than impartial or when impartiality might reasonably be questioned. Removal occurs either on the judge's own initiative or upon a party's motion. The standard focuses on an objective appraisal of circumstances that could undermine public confidence in the fairness of the proceeding.
Sources & Authorities
How it applies
Common Examples
2
Undisclosed Trustee Conflict Leads to Vacatur
Joanna Jung sued Jordan Dynamics in federal court. The presiding judge had once served as a trustee of a university that was actively negotiating a major contract with Jordan Dynamics. The judge issued a final judgment without disclosing the prior role. After the judgment, discovery revealed the connection. The court of appeals vacated the judgment because the objective appearance of partiality required disqualification even without proof of actual bias.
Property Owner Judge Must Step Aside
Jeanette Jensen challenged local subdivision regulations that would directly increase the value of her own undeveloped land. The assigned judge owned adjacent parcels subject to the same regulations. The judge declined to recuse. On review the decision was reversed because the judge held an economic interest in the precise legal standards under consideration.
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Test Yourself
10
Practice Questions5
· 8 primary sources
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Cases
Statutes
Casebooks
Hornbooks
Course Outlines
Common questions
Frequently Asked
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What standard determines whether a federal judge must recuse under 28 U.S.C. § 455(a)?+
The statute imposes an objective test. A judge must disqualify when a reasonable person would question the judge's impartiality even if the judge lacks actual knowledge of the disqualifying fact at the time of decision.
Supporting sources
Does ownership of property affected by the outcome require recusal?+
Yes. When a judge holds property whose value or use will be directly governed by the legal standards at issue, the judge possesses an economic interest that creates an appearance of partiality and must recuse.
Supporting sources
When does a judge's prior public statements on policy require disqualification?+
Prior public statements on policy issues do not by themselves require recusal. Bias sufficient for disqualification must be directed at the parties and must arise from an extrajudicial source rather than from general views formed during civic discourse.
Supporting sources
Professional ResponsibilityLawyers’ duties to the public and the legal system · Serving in legal services organizationsMPREFoundational