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Making Appearances Matter: Recusal and the Appearance of Bias - lawreview byu

Making Appearances Matter: Recusal and the Appearance of Bias - lawreview byu 2025

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The document discusses the importance of judicial recusal in maintaining the appearance of impartiality and public confidence in the judiciary. It critiques the traditional focus on recusal decisions made by judges themselves, arguing that this approach often comes too late to restore public trust. The author proposes a shift towards ex ante regulations that prevent situations leading to recusal, such as regulating judicial conduct, relationships, and financial interests before they create an appearance of bias. The article emphasizes the need for systemic reforms in recusal procedures to enhance judicial legitimacy and public perception.

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What is the appearance of bias?

[2] Examples of manifestations of bias or prejudice include but are not limited to epithets; slurs; demeaning nicknames; negative stereotyping; attempted humor based upon stereotypes; threatening, intimidating, or hostile acts; suggestions of connections between race, ethnicity, or nationality and crime; and irrelevant

What are the rules for recusal?

The Due Process clauses of the United States Constitution require judges to recuse themselves from cases in two situations: Where the judge has a financial interest in the cases outcome. Where there is otherwise a strong possibility that the judges decision will be biased.

When a judge shows bias?

In a situation where a judge is biased or prejudice, the result could be a decision that is not fair or impartial to one party in the case. Often, a judge will identify their own inability to be fair, neutral, and impartial and will recuse themselves from the case.

What is an example of bias in a court case?

Cognitive biases include unconscious racial, gender, and ethnic biases, stereotypes, prejudices, discriminatory attitudes, and other preconceived notions, all of which can invade judicial decision-making. Biases strain the judiciarys obligation to remain detached, objective decision-makers.

Why do judges recuse themselves?

Recusal is typically called for when a judge has interests, beliefs, or opinions about the case at hand that could interfere with their ability to make an unbiased ruling.

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How to prove judge is biased?

Witness Statements: If witnesses or attorneys present during the proceedings observed bias, ask them to provide sworn statements or testify about their experiences. Expert Opinions: Consult legal experts who can analyze the proceedings and provide expert opinions on whether bias was evident.

What is a recusal appearance of bias?

In law, to recuse means to withdraw from a legal case due to a potential conflict of interest or lack of impartiality. This action can be taken by a judge , juror , or other judicial official who recognizes that their involvement in the case could be biased or perceived as biased.

Making Appearances Matter: Recusal and the Appearance of Bias - lawreview byu 2025

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