Deciding Recusal Motions: Who Judges the Judges?

Abstract:     
This Article discusses judicial impartiality as a significant element of justice. It is well established that judges should decide legal disputes free of any personal bias or prejudice. When a conflict of interest arises a judge may be unable to maintain impartiality and thus should be disqualified from the case. This Article deals with whether, and under what circumstances, a judge must, may, or cannot refer a motion to disqualify to another judge. Contrary to the traditional majority approach which leaves the decision on any motion to the challenged judge, this Article also suggests that the reasons alleged for the conflict of interest should determine the identity of the decision maker.

Number of Pages in PDF File: 19

Keywords: judicial ethics

JEL Classification: K4

Accepted Paper Series