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The Due Process clauses of the United States Constitution explicitly require judges to recuse themselves from cases where there is a strong possibility the decision would be biased. [15] In North Carolina, however, mere allegations of bias or prejudice are inadequate; there must be substantive evidence to compel recusal. [16]
In declining to step aside from two high-profile Supreme Court cases, Justice Samuel Alito on Wednesday provided a rare window on the opaque process by which justices decide to step aside from cases.
Caperton v. A. T. Massey Coal Co., 556 U.S. 868 (2009), is a case in which the United States Supreme Court held that the Due Process Clause of the Fourteenth Amendment requires judges to recuse themselves not only when actual bias has been demonstrated or when the judge has an economic interest in the outcome of the case but also when "extreme facts" create a "probability of bias."
[113] [114] The Court has also ruled that the Due Process Clause requires judges to recuse themselves in cases where the judge has a conflict of interest. For example, in Caperton v. A.T. Massey Coal Co. (2009), [ 115 ] the Court ruled that a justice of the Supreme Court of Appeals of West Virginia had to recuse himself from a case involving a ...
The judicial panel sided with Cox's arguments, noting in its report that the code of judicial conduct requires a judge to recuse themselves if the judge's impartiality in a case might be ...
(The Center Square) – Maricopa County Superior Court Judge Bruce Cohen has recused himself from Arizona’s ongoing “fake electors” case, following a plea for his dismissal by Sen. Jake ...
A federal judge on Friday agreed to recuse himself from overseeing the exonerated Central Park Five’s defamation lawsuit against President-elect Trump. Shanin Specter, the Central Park Five’s ...
The judge overseeing the Arizona "fake elector" case against several of Donald Trump's allies has recused himself from the case after accusations of personal bias. Last week, defense attorneys for ...