What is the test for a motion to disqualify or recuse a district judge?

MultiRegion, United States of America

The following excerpt is from Stribling v. Kern Valley State Prison, Case No. 1:18-cv-01658-LJO-SAB (PC) (E.D. Cal. 2019):

Requests to disqualify or recuse a district judge are governed by two statutes, 28 U.S.C. 144 and 455. 28 U.S.C. 144 requires disqualification or recusal of a district judge "[w]henever a party to any proceeding in a district court makes and files a timely and sufficient affidavit that the judge before whom the matter is pending has a personal bias or prejudice against him or in favor of any adverse party[.]" Similarly, 28 U.S.C. 455(a) and (b)(1) require a district judge to disqualify or recuse himself "in any proceeding in which his impartiality might reasonably be questioned[,]" including "[w]here he has a personal bias or prejudice concerning a party[.]" However, under sections 144 and 455(a) and (b)(1), "judicial rulings alone almost never constitute a valid basis for a bias or partiality motion[]" because judicial rulings do not rely on an extrajudicial source and "can only in the rarest circumstances evidence the degree of favoritism or antagonism required ... when no extrajudicial source is involved." Liteky v. United States, 510 U.S. 540, 555 (1994). Further, "opinions formed by the judge on the basis of facts introduced or events occurring in the course of the current proceedings, or of prior proceedings, do not constitute a basis for a bias or partiality motion unless they display a deep-seated favoritism or antagonism that would make fair judgment impossible." Id.

Other Questions


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)
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)
How have the courts treated a motion to disqualify a district judge and a magistrate judge? (MultiRegion, United States of America)
In a motion to appeal against a jury verdict in a personal injury case brought by a defendant who failed to raise his objections to the trial judge on the motion, can the appellant appeal to the Court of Appeal to review the motion by the same judge? (MultiRegion, United States of America)
When a motion to dismiss a preliminary injunction has been granted by the Court of Appeal, when the motion is also dismissed by the District Court on the basis of a failure to exhaust tribal remedies, does the motion merge into the final judgment? (MultiRegion, United States of America)
Does a motion to recusal from a federal judge have to be recused? (MultiRegion, United States of America)
What is the test for appealability of a motion for a new trial where a federal judge has granted the motion without hearing the motion? (MultiRegion, United States of America)
Does the district court abuse its discretion by denying a recusal motion from a judge? (MultiRegion, United States of America)
Does a district judge have to abstain from voting in a motion to convene a three-judge court? (MultiRegion, United States of America)
What are some cases where the Supreme Court has ruled in favour of a motion requiring that a motion by a federal district judge be heard? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.