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34 votes

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

No, That Would not be treated as a Conflict of Interest There is precedent. The four Justices appointed by President Nixon did not recuse themselves on cases involving Nixon, including subpoenas to ...
David Siegel's user avatar
20 votes

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

There is no hard law (statutory, constitutional or SCOTUS holding) regarding "conflict of interest" for Supreme Court justices. Justices have typically recused themselves in case of ...
user6726's user avatar
  • 215k
17 votes
Accepted

How does one find a judge for highly publicized issues?

"Personal knowledge of disputed facts" doesn't refer to awareness of news reports or other facts available in the public record. That is public knowledge, not personal knowledge. It rather ...
phoog's user avatar
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12 votes
Accepted

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

To the title question, yes, of course, Justices are subject to the law same as anyone else is (at least in theory; whether actual practice bears that out is another matter). Chief Justice Roberts (...
zibadawa timmy's user avatar
7 votes

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

The problem is the Statute of Limitations Let's say Abel defames Bob. Abel then studies law and becomes a judge, and about 30 years down the line becomes Supreme Court Judge Abel. Now, Defamation is ...
Trish's user avatar
  • 41.3k
6 votes
Accepted

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

If six justices decided that the case were sufficiently important, they could refrain from recusing themselves so as to be able to hear it. If that didn't happen, the lower court's ruling would stand,...
phoog's user avatar
  • 37.9k
4 votes

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

Yes It's not uncommon. In fact I am aware of at least one case where the trial judge referred it to appeal before he made his decision on the basis that whichever way he decided the law was so ...
Dale M's user avatar
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4 votes
Accepted

Recusal When Judge is Affected by Law

The judge would be required to recuse himself in that case, subject to the exception that applies when all judges with jurisdiction over the case would otherwise be disqualified. Generally a judge ...
ohwilleke's user avatar
  • 224k
3 votes

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

Yes Assuming by “personally interested” you mean “has a conflict of interest” - all prosecutors should be personally interested in every case they work on. Prosecutors are solicitors and are governed ...
Dale M's user avatar
  • 214k
3 votes

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

Yes To avoid statute of limitations issues assume a sitting Supreme Court justice allegedly defames someone today outside the colour of their office. The aggrieved person can sue and because judges ...
Dale M's user avatar
  • 214k
3 votes

A successful litigant complaining of bias

While the decision could not be appealed if the outcome was everything the litigant sought, the litigant (or anyone else who observed the lack of recusal) could grieve the judge with judicial ...
ohwilleke's user avatar
  • 224k
3 votes

A successful litigant complaining of bias

When a judge decides a case there will be An order - e.g. "Smith shall pay Jones £100,000" Reasons for the decision - i.e. a description of the evidence, and the judge's findings of fact ...
Nemo's user avatar
  • 1,605
3 votes

How does one find jury members for highly publicized issues?

Very painfully Jury for Donald Trump’s Hush-Money Trial Takes Shape: An Oncology Nurse, a Software Engineer, a Teacher You ask them if they can be fair and impartial. Jurors can self-select themselves ...
Allure's user avatar
  • 2,953
2 votes

Recusal When Judge is Affected by Law

The judge is required to recuse himself The general principle governing such situations is the principle that the rule of law requires impartial judges. This requirement is often expressed by the well-...
Just a guy's user avatar
  • 8,428
2 votes
Accepted

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

In England and Wales, where you have to seek permission from the lower court (which is the normal situation as you describe) it would almost always be the judge who made the decision who decides ...
Francis Davey's user avatar
2 votes

Recusal: can someone recuse someone else?

The definition of "Recuse" is : To remove (oneself) from participation to avoid a conflict of interest The word "recuse" is from the Latin word "recusare", which means "to refuse." You can recuse ...
User37849012643's user avatar
1 vote

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

canada This issue is not only governed by the rules of ethics that Dale M points out, but can also, in exceptional circumstances, provide grounds for an abuse of process claim and a stay of ...
Jen's user avatar
  • 61.2k
1 vote

Grounds to request recusal of opposing (litigating) laywer

If D represented the group consisting of A, B, and C as a group, or had even represented B or C individually, especially in connection with this same project, then D has a conflict of interest. If so, ...
David Siegel's user avatar
1 vote

Recusal: can someone recuse someone else?

In practice, "requests that someone recuse themselves" are not uncommon, and if someone fails to recuse themselves as requested, their failure to do so is subject to judicial review if it is causally ...
ohwilleke's user avatar
  • 224k

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