Matt LeMieux

15 November 2009

When Must A Judge Step Aside?

Can a United States federal court judge hear a case in which he or she may have an interest in it's outcome? For instance, what if the judge happens to be a hunting buddy of the defendant in a case. Or the judge's son works for the law firm representing the plaintiff. Must the judge step aside? The simple answer under current law is no. But that may change if some members of Congress have their way. Law.com notes:
Under the current system, federal judges get to decide on their own whether to disqualify themselves from cases. Among the proposals being discussed are requiring a second judge to rule on a recusal motion -- rather than leaving the motion to the "targeted" judge -- and making substitution automatic if any party to a case swears an affidavit alleging prejudice. Some lawmakers, including Conyers, have also said in the past that they want a system to review recusal decisions by U.S. Supreme Court justices.
More on this can be found at law.com.