Specifying Grounds for Judicial Disqualification in Federal Courts

36 Pages Posted: 11 Jul 2007

Abstract

This Article discusses the essential component of equal justice under the law that a neutral and detached judge preside over court proceedings. Specifically, it examines the statutory grounds for recusal, found at 28 U.S.C. § 455, with a focus on the specific bases for recusal at § 455(b). It discusses the issues of statutory interpretation found in the case law applying § 455(b). It also argues that periodically, it may be appropriate to reexamine the statute for the purpose of (1) adding ethical duties not currently described such as a duty to disclose disqualifying circumstances; (2) broadening preexisting duties such as the judge's duty to inform himself or herself about financial holdings; or (3) adding new disqualifying conditions such as recusals involving former law clerks.

Keywords: judicial ethics

JEL Classification: K4, K00

Suggested Citation

Abramson, Leslie W., Specifying Grounds for Judicial Disqualification in Federal Courts. Nebraska Law Review, Vol. 72, No. 1046, 1993. Available at SSRN: https://ssrn.com/abstract=999419

Leslie W. Abramson (Contact Author)

Louis D. Brandeis School of Law ( email )

Wilson W. Wyatt Hall
Louisville, KY 40292
United States

HOME PAGE: http://www.law.louisville.edu/

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