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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.
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.
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 ...
U.S. District Judge Aileen Cannon shows no signs of removing herself in the Trump documents case
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:
Oct. 2—A state appeals court judge who stung Spokane County prosecutors and police with accusations of racist enforcement of the law has rejected calls that he recuse himself from ruling on ...