What is the test for alleging that a judge is personally and extrajudicially prejudiced or biased against an opposing attorney?

MultiRegion, United States of America

The following excerpt is from Allison, In re, 972 F.2d 1336 (9th Cir. 1992):

1 The burden is on the moving party to allege facts from which a reasonable person would fairly infer that the judge is personally and extrajudicially prejudiced or biased against the party. Wood v. McEwen, 644 F.2d 797, 802 (9th Cir.1981) (per curiam), cert. denied, 455 U.S. 942 (1982).

2 Other circuits have held that bias for or against an attorney might be so virulent as to amount to bias for or against the party. See, e.g., Davis v. Board of Sch. Comm'rs of Mobile County, 517 F.2d 1044, 1051 (5th Cir.1975), cert. denied, 425 U.S. 944 (1976).

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