Is a judge required to recuse themselves unless required to do so?

MultiRegion, United States of America

The following excerpt is from At&T Mobility LLC v. Gen. Charles E. "chuck" Yeager, No. 2:13-cv-0007-KJM-DAD, No. 2:14-cv-2544 KJM DAD (E.D. Cal. 2015):

impartial," but judges must not "recuse themselves unless required to do so, or it would be too easy for those who seek judges favorable to their case to disqualify those that they perceive to be unsympathetic merely by publicly questioning their impartiality." Perry v. Schwarzenegger, 630 F.3d 909, 916 (9th Cir. 2011).

In addition to avoiding the appearance of partiality in general, certain specific circumstances also require recusal. See 28 U.S.C. 455(b); see also Preston v. United States, 923 F.2d 731, 734 (9th Cir. 1991) ("Section 455(a) covers circumstances that appear to create a conflict of interest, whether or not there is actual bias. Section 455(b) covers situations in which an actual conflict of interest exists, even if there is no appearance of one. Section 455(b) also describes situations that create an apparent conflict, because it provides examples of situations in which a judge's impartiality might reasonably be questioned pursuant to section 455(a)." (citation, emphasis, and quotation marks omitted)). For example, a judge must disqualify herself:

28 U.S.C. 455(b).

Other Questions


Is a judge required to recuse himself for nonextrajudicial reasons? (MultiRegion, United States of America)
What is the test for a judge to recuse himself from hearing a motion where there is no reasonable factual basis for recusal? (MultiRegion, United States of America)
Is a judge required to recuse himself from hearing cases? (MultiRegion, United States of America)
Is a federal judge required to recuse himself from any proceeding in which their impartiality might reasonably be questioned? (MultiRegion, United States of America)
Is a federal district judge required to recuse himself from hearing a case? (MultiRegion, United States of America)
Does a judge have to recusal from a motion where a witness in a personal injury case was a close friend of the judge? (MultiRegion, United States of America)
What is the test for a motion to disqualify or recuse a judge based on financial interests of the judge's spouse? (MultiRegion, United States of America)
Does a motion to recusal from a federal judge have to be recused? (MultiRegion, United States of America)
Can a judge appeal an adverse decision from the District Court of Appeal assigned to the same district judge as he had previously ruled against the same judge? (MultiRegion, United States of America)
Is a judge or prosecutor immune from a claim for damages from a former federal judge and a current federal prosecutor? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.