Also known as: recesses · court recess
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A temporary suspension of court or legislative proceedings that does not end the session. The suspension allows parties to confer, prepare, or address interim matters before resuming.
The period when the Senate is not in session. The President may fill vacancies by temporary commission during such a period, but only when the Senate has formally declared itself in recess.
Each sense below has its own examples, sources, and questions.
A temporary suspension of court or legislative proceedings that does not end the session. The suspension allows parties to confer, prepare, or address interim matters before resuming.
Rhea Reynolds faced sentencing after a guilty plea. Her counsel was barred from consulting with her during an overnight recess in the middle of the hearing. Reynolds later claimed ineffective assistance. The court found the bar violated her Sixth Amendment right to counsel during the recess.
During a lengthy fraud trial jurors appeared inattentive. The judge considered declaring a recess to investigate possible intoxication. Counsel failed to raise the issue again after initial warnings. The court later denied a new-trial motion because the recess option had not been pursued.
The period when the Senate is not in session. The President may fill vacancies by temporary commission during such a period, but only when the Senate has formally declared itself in recess.
President Rivera sought to fill a vacant SEC commissioner post amid urgent housing disputes. The Senate held pro forma sessions every three days without declaring a recess. Rivera issued a commission to an acting commissioner during the summer period. A court later held the appointment invalid because the Senate never formally entered recess.
Rina Rahman testified on direct examination in a federal criminal trial. The judge ordered a 15-minute recess before cross-examination and barred her from consulting counsel. Rahman challenged the order as violating the right to counsel. The court upheld the brief sequestration to preserve truthful testimony.
After a government witness completed direct testimony, defense counsel moved for production of prior statements. The court granted the motion and ordered a recess so counsel could examine the statements. The recess enabled preparation for cross-examination without delaying the trial unduly.
An overnight recess requires that counsel be permitted to consult with the defendant. A brief 15-minute recess between direct and cross-examination may allow sequestration to protect the integrity of testimony.
After a witness testifies on direct, the opposing party may obtain related prior statements. The court may recess to permit review and preparation for use of those statements.
During a 25-day summer period the Senate conducted only pro forma sessions with no votes or hearings. President Rivera appointed an acting chief disciplinary counsel to fill a vacancy. Challengers argued the Senate remained in session. The court ruled the appointment invalid because the Senate had not formally declared a recess.
The Senate is in recess only when it formally declares itself in recess. Pro forma sessions prevent a finding of recess even if no legislative business occurs.
…see whether this proves to be true. I assume that those who cling to old beliefs will be able to whisper their thoughts in the recesses of their homes, but if they repeat those views in public, they will risk being labeled as bigots and treated as such by governments, employers, and schools. The system of federalism…