Search results
Results From The WOW.Com Content Network
If a judge does not recuse themselves when they should have known to do so, they may be subject to sanctions, which vary by jurisdiction. Depending on the jurisdiction, if an appellate court finds a judgment to have been made when the judge in question should have been recused, it may set aside the judgment and return the case for retrial.
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."
The court issued a 14-page document that included five canons of conduct on issues such as when justices should recuse themselves and what kind of outside activities they can engage in.
Carrigan, 564 U.S. 117 (2011), was a Supreme Court of the United States decision in which the court held that the Nevada Ethics in Government Law, which required government officials recuse in cases involving a conflict of interest, is not unconstitutionally overbroad. Specifically, the law requires government officials to recuse themselves ...
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.
For premium support please call: 800-290-4726 more ways to reach us
In Canadian law, a reasonable apprehension of bias is a legal standard for disqualifying judges and administrative decision-makers for bias. Bias of the decision-maker can be real or merely perceived. The test was first stated in Committee for Justice and Liberty v. Canada (National Energy Board), [1978] 1 S.C.R. 369:
"The duties of judicial office take precedence over all other activities. The judge should perform those duties with respect for others, and should not engage in behavior that is harassing, abusive, prejudiced, or biased. The judge should adhere to the following standards: "(A) Adjudicative Responsibilities.