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

The following excerpt is from Reilly v. Hussey, 989 F.2d 1074 (9th Cir. 1993):

Under 28 U.S.C. 455(e), a judge is not allowed to "accept from the parties to a proceeding a waiver of any ground for disqualification" based on the financial interest of the judge's spouse. The Reillys did not seek review of the disqualification issue, however, until some five years and numerous proceedings later. While 455 contains no explicit timeliness requirement, we have required that a motion to disqualify or recuse a judge under this section must be made in a timely fashion. Molina v. Rison, 886 F.2d 1124, 1131 (9th Cir.1989).

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