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Recusal is the legal process by which a judge, juror, or other adjudicator steps aside from participating in a case due to potential bias, conflict of interest, or appearance of impropriety. This practice is fundamental to ensuring fairness and impartiality in legal proceedings, preserving the integrity of the judiciary, and maintaining public confidence in the legal system. Historical and modern legal frameworks outline specific grounds for recusal, such as personal or financial conflicts of interest, prior involvement in a case, or demonstrated bias. Applicable statutes or canons of ethics may provide standards for recusal in a given proceeding or matter. Providing that the judge or decision-maker must be free from disabling conflicts of interest makes the fairness of the proceedings less likely to be questioned, and more likely that there is due process.[1]
Recusal laws and guidelines are established in various legal systems worldwide, including the United States, where they are regarded as cornerstones of judicial impartiality.[2][3] The concept of recusal dates back to ancient legal systems and has evolved to address contemporary ethical standards and legal complexities.[4]
Some recusal systems have been critiqued as not being robust or sufficiently transparent, prompting calls for reform. Proposed changes include mandatory disclosure of campaign expenditures by litigants and stricter recusal standards for those benefiting from interested parties.[5]
- ^ Serbulea, Gabriel D. (April 20, 2011). "Due Process and Judicial Disqualification: The Need for Reform". Pepperdine Law Review.
- ^ "Recommendation: Recusal Rules for Administrative Adjudicators". Administrative Conference of the United States. Committee on Adjudication. December 21, 2018. Retrieved June 16, 2024.
- ^ "Recuse". Dictionary.com. Retrieved June 16, 2024.
- ^ Flamm, Richard E. (Summer 2013). "The History of Judicial Disqualification in America". American Bar Association.
Roman law was even more expansive. Pursuant to the Code of Justinian, a party who believed that a judge was 'under suspicion' was permitted to 'recuse' that judge prior to the time issue was joined. This power on the part of early litigants to effect a judge's 'recusal' provided the basis for the broad recusal laws that still exist in many civil law countries today.
- ^ Robinson, Kimberly Strawbridge (November 14, 2023). "Supreme Court Digs in on Recusal Practices Criticized as Opaque". Bloomberg Law. Retrieved June 16, 2024.