Define: Recusation

Recusation is the act of a judge or other legal official voluntarily removing themselves from a case due to a conflict of interest or bias.

Recusation can be requested when there is a reasonable belief that the judge or legal official may not be impartial or fair in their decision-making due to personal or professional connections to the case.

Any party involved in the case, including the defendant, plaintiff, or their legal representatives, can request recusation.

The process for requesting recusation varies depending on the jurisdiction and court rules. Generally, a written motion or request is submitted to the court, outlining the reasons for the recusation and providing supporting evidence if available.

Yes, a judge can recuse themselves without a formal request if they believe there is a conflict of interest or bias that may affect their ability to make an impartial decision.

If a judge denies a recusation request, the party requesting the recusation may have the option to appeal the decision or seek other legal remedies.

Typically, a recused judge is completely removed from the case and cannot participate in any capacity, including making decisions or providing guidance.

If it is later discovered that a judge should have recused themselves but failed to do so, it may lead to a legal challenge or appeal of the decision made by that judge.

Yes, a recusation request can be made even after a trial has started if new information or circumstances arise that raise concerns about the judge’s impartiality.

Yes, a judge can recuse themselves from multiple cases involving the same parties or issues if they believe their previous involvement may impact their ability to make an impartial decision.