Recusal

From Conservapedia

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.").

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Categories: [Legal Terms]


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