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Questions tagged [recusal]

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2 answers

Should a prosecutor who is personally interested in a case recuse themselves from it?

If so, by what rule(s) or principle(s) is this the case? Obviously judges are required to be impartial and expected to otherwise recuse themselves. But does the same hold true of prosecutors?
TylerDurden's user avatar
4 votes
3 answers

Could a justice be sued in a case that goes, ‘‘all the way up to the Supreme Court?’’

Hypothetical. Person (A), before in his life, had engaged in some act that, allegedly, defamed some other person (B); later on in life, person (A) becomes an associate justice of the U.S. Supreme ...
user avatar
17 votes
2 answers

Would a Trump-nominated Supreme Court justice be expected to recuse themselves from a Trump case?

As of Oct 21, 2022, the January 6 Committee has issued a subpoena to former president Trump, setting up the potential for a case against Trump to end up in front of the Supreme Court. I spent awhile ...
TheEnvironmentalist's user avatar
4 votes
1 answer

What would happen if a case before the Supreme Court court involved a conflict of interest for all justices?

I realize this might be a silly scenario, but suppose that nine of the storage units in the Wooden v. United States case had been rented by Supreme Court justices. Then all of the justices might have ...
adam.baker's user avatar
  • 1,225
0 votes
2 answers

Grounds to request recusal of opposing (litigating) laywer

Here is my situation, it's a bit of a snafu on both paperwork/ contracts side of things as well entity formation and exactly "who is who" since the project was done as individuals and then ...
Jennifer's user avatar
0 votes
2 answers

A successful litigant complaining of bias

Are there any cases (from any jurisdiction) in which a successful litigant complained of bias? As in, even while the decision below was favourable to them, they are still aggrieved that a particular ...
Zarka's user avatar
  • 127
1 vote
1 answer

How does one find jury members for highly publicized issues?

An extension of How does one find a judge for highly publicized issues? The answer to that question says that judges can adjudicate a case even if they had prior knowledge of the facts, and can be ...
Allure's user avatar
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5 votes
1 answer

How does one find a judge for highly publicized issues?

For example, suppose Donald Trump is brought to trial for inciting the 2021 storming of the United States Capitol. It's virtually inconceivable that there'll be any judge who hasn't seen that incident ...
Allure's user avatar
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0 votes
2 answers

Recusal When Judge is Affected by Law

Let us say that a religious group (I will call them the Presleytarian Church of Elvis) somehow becomes so strongly disliked that Congress passes a law which outlaws the sect. The leaders of the PCoE ...
EvilSnack's user avatar
  • 629
0 votes
2 answers

Can application for leave to appeal be determined by the judge whose decision is being appealed?

Appeals to the next level court may first require leave to appeal. Say in New Zealand, where a party wants to appeal a decision of the High Court to the Court of Appeal, they may need to apply to the ...
Greendrake's user avatar
  • 27.6k
0 votes
2 answers

Recusal: can someone recuse someone else?

As I understand it people recuse themselves from making decisions in a role (judge, lawyer, board member) in situations where there is a conflict of interest. That being said, can a non-judicial ...
gatorback's user avatar
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