The Elusive Goal of Impartiality
Southwestern Law School Working Paper No. 1131
34 Pages Posted: 30 Aug 2011 Last revised: 3 May 2015
Date Written: August 29, 2011
Over the past ten years, the topic of judicial recusal has received increased attention in virtually every quarter – in the media, in the legal commentary, and even in Congress. The reason for this surge in interest is not due to recent changes in the applicable recusal standards or enhanced investigative reporting, but rather largely appears to be the result of inadequate attention to – or perhaps in some cases, arrogance or callous disregard for – the recusal standards, exacerbated by procedural deficiencies that prevent the recusal rules from being fully effective. This Article seeks to identify the flaws with the current approach to judicial recusal, and then offers a four-step proposal for restoring faith in the judiciary.
Keywords: judicial recusal, judicial disqualification, legal ethics
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