[PDF] Judicial Disqualification eBook

Author : Richard E. Flamm
Publisher : Aspen Publishers
Page : 1262 pages
File Size : 31,2 MB
Release : 1996
Category : Law
ISBN :

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Turn to this intensively-researched and comprehensive guide To The case law, statutory law and court rules which govern motions to recuse and disqualify judges in every American jurisdiction. An exhaustive source of precedents, analysis and procedural guidance, this 1,185-page volume is the first authoritative treatise to bring current principles of judicial disqualification law into sharp focus. it clearly and succinctly chronicles every legal basis for judicial disqualification, from the common law and constitutional provisions to state and federal statutes and court rules. it examines in full detail all of the various grounds for disqualification including: Bias (or an appearance of bias) Interest and familial relationships, business and social relationships Prior activity as an attorney Knowledge obtained in criminal proceedings Judicial conduct, comments, and rulings and more When jurisdictions differ in their approach To The law, Judicial Disqualification supplies expert analysis and commentary -- supported by exhaustive case citations -- to bring clarity and authority To The issues at hand. You'll find not only in-depth coverage of all of the applicable judicial disqualification provisions and case law but expert analysis of precisely what goes into the court's determination of whether the motion is timely, legally sufficient and procedurally proper. Judicial Disqualification also features exhaustive examination of those factors that mitigate in favor of (or against) disqualification, And The accepted mechanisms for seeking appellate review of judicial disqualification orders, and uncharged crimes and stipulations.

Author : R Grant Hammond
Publisher : Bloomsbury Publishing
Page : 208 pages
File Size : 19,90 MB
Release : 2009-07-27
Category : Law
ISBN : 1847315186

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The doctrine of judicial recusal enables - and may require - a judge who is lawfully appointed to hear and determine a case to stand down from that case, leaving its disposition to another colleague or colleagues. The subject is one of considerable import and moment, not only to 'insiders' in the judiciary, but also to litigants and their lawyers. Understanding the principles which guide recusal is also to understand the fundamentals of judging in the common law tradition. The subject is therefore of considerable interest both at practical and theoretical levels, for it tells us most of what we need to know about what it means "to be a judge" and what the discharge of that constitutional duty entails. Unsurprisingly therefore, the subject has attracted controversy, and some of the most savage criticisms ever directed at particular judges. The book commences with an introduction which is followed by an analysis of the essential features of the law, the legal principles (common-law origins, the law today in the USA, UK and Commonwealth) and the difficulties which currently arise in the cases and by operation of statute. The third part looks at process, including waiver, necessity, appellate review, and final appeals. Three specific problem areas (judicial misconduct in court, prior viewpoints, and unconcious bias) are then discussed. The book ends with the author's reflections on future developments and possible reforms of recusal law.

Author : Charles Gardner Geyh
Publisher :
Page : 132 pages
File Size : 30,76 MB
Release : 2018-06-21
Category : Education
ISBN : 9780160946028

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The second edition of this work provides an overview of the history of judicial disqualification. It substantially revises and expands on the first edition, and analyzes the case law, both with a focus on substantive disqualification, and procedural requirements. Featured are updated cases of applicable statutory law, a revised organizational structure and new material. The ethical dimension is governed by Cannon 3C of the Code of Conduct for U.S. Judges. On the other hand, the procedural dimension is governed by four sections in Title 28 of the United States Code (USC/U.S. Code). Related products: U.S. Code series can be found here: https://bookstore.gpo.gov/catalog/united-states-code Ethics & Code of Conduct collection is available here: https://bookstore.gpo.gov/catalog/ethics-code-conduct More products produced by the Judicial Branch & Federal Courts can be found here: https://bookstore.gpo.gov/agency/judicial-branch-federal-courts

Author : Louis J. Virelli III
Publisher : University Press of Kansas
Page : 296 pages
File Size : 11,72 MB
Release : 2016-06-03
Category : Law
ISBN : 0700622713

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Since at least the time of Justinian--under statutes, codes of judicial ethics, and the common law—judges have been expected to recuse themselves from cases in which they might have a stake. The same holds true for the justices of the US Supreme Court. For instance, there were calls for Ruth Bader Ginsburg and Elena Kagan, both of whom had officiated at gay weddings,to recuse themselves from the recent marriage equity case, Obergefell v. Hodges. Even a case like this, where no justice bowed out, reveals what a tricky ethical issue recusal can be. but as Louis J. Virelli demonstrates in this provocative work, recusal at the Supreme Court also presents questions of constitutional power. Disqualifying the High Court shows that our current understanding of how and when justices should recuse themselves is at odds with our constitutional design. Viewing recusal through a constitutional lens, Virelli reveals new and compelling information about how justices should decide recusal questions and, in turn, how our government should function more broadly. Along the way he traces the roots and development of federal recusal law in America from as early as the Roman Empire up to the present day. The Supreme Court's unique place at the top of the judicial branch protests the justices from some forms of congressional interference. Virelli argues that constitutional law, in particular the separation of powers, prohibits Congress from regulating the recusal practices of the Supreme Court. Instead those decisions must be left to the justices themselves, grounded in the principles of due process--assuring parties fair treatment by the judicial system--and balanced against the justices' rights to free speech. Along with the clarity it brings to this highly controversial issue, Virelli's work also offers insight into constitutional problems presented by separation of powers. It will inform our evolving understanding of theory and practice in the American judicial system.