Can a recusal order be reviewed under the abuse standard?
California, United States of America
The following excerpt is from People v. Neely, 70 Cal.App.4th 767, 82 Cal.Rptr.2d 886 (Cal. App. 1999):
A recusal order is reviewed under the abuse of discretion standard, which gives room for the exercise of judgment by the trial court. (People v. [70 Cal.App.4th 776] Eubanks (1996) 14 Cal.4th 580, 594-595, 59 Cal.Rptr.2d 200, 927 P.2d 310.) The trial court does not have discretion to depart from legal standards. (Bailey v. Taaffe (1866) 29 Cal. 422, 424.)
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