clerk who was once attorney general on case must recuse

Can a judge or prosecutor recuse themselves from a case?

Jul 09, 2014 · Conduct advises as a general rule of thumb that law clerks should not appear before the judges ... “The mere fact that an attorney once served as a clerk for a judge is not sufficient to ... (8th Cir. 1984) (trial judge was not required to recuse in a criminal case in which the prosecutor was a former law clerk who finished her clerkship ...

When does a judge have to recuse or be disqualified?

If prompt screening of a clerk does not occur once the law clerk has accepted a job offer, the judge must recuse himself unless the parties and counsel waive any conflict after full disclosure. See, e.g., Miller Industries, Inc. v. Caterpillar Tractor Co., 516 F. Supp. 84 (S.D.

How long should a Clerks appear before a judge?

In cases where the judge was a party's business partner or attorney, as well as in cases where the judge was a member of a law firm representing a party, the potential for bias or prejudice is almost always too great to permit the judge to preside over the case. Judge's or Judge's Family Member's Economic Interest in the Case.

Can a judge raise the issue of recusal himself?

Opinion 12-176 Must a judge recuse in a negligence action because an attorney who represented one of the defendants prior to the ... the judge must insulate the law clerk from (a) cases in which the law clerk had any personal involvement as a lawyer and (b) cases in which the law clerk’s second-degree relative appears and disclose the ...

What justice recuse himself from the case?

Chief Justice Roberts has recused himself at least nine times because of stock ownership, and Justice O'Connor also disqualified herself from cases involving telecommunications because she owned stock in AT&T.

Why would a justice choose to sit out or recuse themselves from a case?

Judges recuse themselves when they take no part in deciding cases that they would otherwise help decide. 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 case's outcome.

Can law clerks influence the outcomes of cases?

We find that clerks exert modest influence on judicial voting overall, but substantial influence in cases that are high-profile, legally significant, or close decisions. We interpret these results to suggest that clerk influence occurs through persuasion rather than delegation of decision-making authority.Oct 10, 2019

What is a recuse in court?

Definition of recuse transitive verb. : to disqualify (oneself) as judge in a particular case broadly : to remove (oneself) from participation to avoid a conflict of interest.Feb 8, 2022

Can a Supreme Court judge recuse himself?

There are no formal rules governing recusals, although several Supreme Court judgments have dealt with the issue. ... “The proper approach for the Judge is not to look at his own mind and ask himself, however honestly, “Am I biased?” but to look at the mind of the party before him,” the court had held.Jun 23, 2021

Can Supreme Court Justices recuse themselves from cases?

In the Supreme Court of the United States, the Justices typically recuse themselves from participating in cases in which they have financial interests. ... Justices also have declined to participate in cases in which close relatives, such as their children, are lawyers for one of the parties.

What do Scotus clerks do?

The Clerk of the Supreme Court of the United States is the officer of the Supreme Court of the United States responsible for overseeing filings with the Court and maintaining its records.

Do Supreme Court law clerks have too much power?

But the main quibble Posner, Taylor, and Wittes have with contemporary law clerks is that they wield too much influence over their justices' opinion-writing. Artemus, Weiden, and Peppers broaden this concern to the clerks' influence on the thinking of the justices about how to decide cases.Jun 13, 2006

How does the court decide which cases to hear?

The U.S. Supreme Court decides to hear a case based on at least four of the nine Justices of the Supreme Court agreeing to grant the Petition for Certiorari. If four Justices agree to grant the petition, the Supreme Court will consider the case.Jul 15, 2021

Should a judge recuse himself?

Generally, a judge must recuse himself if he has a personal bias or prejudice concerning a party to the lawsuit or has personal knowledge of the facts that are disputed in the proceeding.

When should a magistrate recuse himself?

The Code of Conduct states that a judge must recuse him- or herself if there is a real or reasonably perceived conflict of interest, or if there is a reasonable suspicion of bias based upon objective facts. It furthermore states that a judge shall not recuse him- or herself on insubstantial grounds.Dec 3, 2020

When should you recuse?

A recusal is appropriate when a conflict of interest exists between an employee's job duties and financial interests (including interests in future employment) or certain business or personal relationships or outside activities. Employees are strongly encouraged to document their recusals in writing.

What did a law clerk do before a judge?

He ultimately received a job offer and accepted a position with that office. Before his interviews, the clerk worked on a post-conviction relief petition that was pending before the judge. He performed legal research and wrote a partial draft minute entry. After the interview process began, the clerk edited his work in non-substantive ways but did not change his recommendations in the proposed minute entry. After the clerk resigned and began his new job, the judge prepared a final order denying relief to the petitioner. The judge relied on the clerk’s work in preparing the order.

What is Canon 3E?

Canon 3E(1) requires disqualification “in a proceeding in which the judge’s impartiality might reasonably be questioned.” Although the standard is an objective one, it is the appearance of partiality, more than the reality, that is at issue. See Matter of Haddad, 128 Ariz. 490, 627 P.2d 221 (1981) (judge is required not only to be impartial, but to be seen as impartial). See also Opinion 95-11 (test under Canon 3E(1) is “whether a person of ordinary prudence in the judge’s position knowing all the facts known to the judge could find that there is a reasonable basis for questioning the judge’s impartiality”). A judge who himself is negotiating for employment must recuse from any matters in which the prospective employer appears, absent full disclosure to the parties and counsel and waiver of any conflict. See Canon 3E(1), commentary.

Was the judge ethically required to disqualify from the case after the law clerk applied for and ultimately accepted a

Applying the foregoing analysis to the pending inquiry, the judge was not ethically required to disqualify from the case after the law clerk applied for and ultimately accepted a position with the county attorney’s office. Nor was the judge ethically prohibited from using the law clerk’s prior work product in preparing the final order. After interviewing with the county attorney’s office, the clerk here performed only minor, editorial work on his existing draft and did not alter his prior recommended disposition of the pending matter. Under these circumstances, one cannot reasonably question the judge’s impartiality in continuing on and disposing of the case after the clerk had resigned and begun his new job.

Do judges employ law school graduates?

Judges typically employ law school graduates as clerks for relatively brief periods of time. During their tenure with the court, clerks often apply for and negotiate employment with law firms or public agencies. This practice can raise questions about the judge’s impartiality when prospective employers of the clerk have matters pending before the court in question. Judges routinely rely on law clerks’ legal research and writing in making decisions, and there is a general consensus that “[r]egardless of actual influence, the perception of law clerks’ influence on judges is present, even among lawyers.” “Protecting the Appearance of Judicial Impartiality in the Face of Law Clerk Employment Negotia-

Why do judges recuse themselves?

Recusals usually take place due to a conflict of interest of some type that will result in the judge or prosecutor being too biased to fairly participate in the case . Some of the top reasons a recusal may take place include: Bias or prejudice concerning the party or their attorney.

Who recused himself from the Mueller investigation?

Ever since Mueller was named as the special counsel in the Russia investigation against Trump, there has been a lot of talk about the fact that Jeff Sessions recused himself from the investigation and how that may have changed the outcome of the whole situation.

Can a judge recuse himself?

Most judges and prosecutors will automatically recuse themselves if they feel there is a conflict of interest. If they do not, the defendant’s Mira Mesa criminal attorney can file a motion to have the either judge or prosecutor recused from the case and the prosecutor can file one to have the judge recused. The judge may then determine ...

What is a recusal in court?

A recusal is when a judge or prosecutor is removed or relieved from a case or investigation due to a conflict of interest or other grounds.

What happens if a judge declines to recuse himself?

If the judge declines to recuse himself, he must forward a copy of the motion to the District Administrative Judge.

What are the grounds for removal in Texas?

For judges, grounds for removal are governed by the Constitution, statute, and Texas Rules of Civil Procedure 18b. Additionally, federal recusals are subject to 28 USC 455a. Both state and federal laws say that a judge must recuse or disqualify himself in any proceeding in which his or her impartiality might be reasonably questioned.

What is the difference between a recusal and a disqualification?

Recusal refers to a prosecutor voluntarily removing themselves from a case, while disqualification refers to a prosecutor being barred by law from prosecuting the case. Under Article 2.08 of the Texas Code of Criminal Procedure, there are two grounds for disqualification: District and county attorneys shall not be of counsel adversely to ...

What is a special prosecutor?

A special prosecutor is an attorney “ permitted by the elected District Attorney to participate in a particular case to the extent allowed by the prosecuting attorney ,” without taking the oath of office. A special prosecutor is an attorney who is not party of the District Attorney’s office but is enlisted to assist the District Attorney in ...

Can a district attorney recuse himself?

Pursuant to Code of Criminal Procedure 2.07 (b-1), a prosecutor may ask a court to relieve him of his duty to prosecute a particular case “for good cause” and with permission of the court. A prosecutor may recuse himself from a case, but a court cannot force a prosecutor to remove himself.

What happens if a judge is biased?

If a judge is biased or prejudiced for or against a party or attorney, he cannot be fair and impartial in deciding the case. A party or attorney who believes such bias or prejudice exists must prove it with admissible evidence, and cannot base this belief on mere suspicion.

Can a judge be impartial?

Even a judge who is not serving as the finder of fact (i.e., when the case is to be decided by a jury) cannot be fair and impartial if he or she has personal knowledge of disputed facts, because the judge's evidentiary rulings (in pleadings and motions made by the parties) may be influenced by that knowledge.

When should a judge recuse themselves?

Section C of Canon 3 of the North Carolina Code of Judicial Conduct states that a judge should recuse upon motion of a party, or on the judge’s own initiative, whenever the judge’s “impartiality may reasonably be questioned.” The canon then lists specific instances when recusal is appropriate. The list is not intended to be exhaustive.

What is the law on recusal in criminal cases?

15A-1223, applicable to all criminal proceedings, allows a judge to recuse on the judge’s own motion, requires a judge to be disqualified if the judge is a witness in the case , and requires disqualification upon the motion of the state or of a defendant when a judge is:

Why is a judge not disqualified from hearing a case?

A judge is not disqualified from hearing a case just because the judge is aware of evidentiary facts from a previous involvement with the case or because the judge ruled against one of the parties in an earlier phase of the case. Examples include:

What is a disqualification waiver in Canon 3D?

Canon 3D allows a judge to disclose a potential reason for disqualification and then continue to hear the matter if the parties and lawyers all agree in writing that the potential reason for disqualification is immaterial or insubstantial. The judge’s disclosure and the parties’ agreement must be placed in the record.

Can a judge bar a lawyer?

Judge may not Bar Lawyer rather than Recusing. A judge cannot avoid a disqualification by barring a lawyer from cases heard by the judge. In re Bissell, 333 N.C. 766, 773 (1993). It was improper for a judge to bar a lawyer from sessions of court in which she was presiding because the lawyer had initiated an ethics investigation of her. The effect was to hamper the lawyer’s practice. The judge should have recused herself, not put the burden on the lawyer to avoid her.

What is contempt of court?

Cases of direct criminal contempt—willful behavior occurring in the court’s presence that interrupts the proceedings or impairs the respect due to the court —can present situations in which it is difficult for a judge to remain impartial. If the contempt arises from personal insults spoken to the judge, perhaps containing foul language, it will be a challenge for the judge to not feel a personal repulsion. Accordingly, G.S. 5A-15(a), the statute on plenary proceedings for criminal contempt (i.e., when the contempt is not dealt with summarily by the judge but is the subject of a separate hearing following issuance of a show cause order) states, “If the criminal contempt is based upon acts before a judge which so involve him that his objectivity may reasonably be questioned, the order must be returned before a different judge.” Although the statute does not cover summary proceedings for direct criminal contempt, the same principles apply. When the events leading up to the summary proceeding show an ongoing conflict between a judge and a defendant that would make it difficult for the judge to put personal feelings aside, the judge should consider recusal.

What is Canon 3C?

Canon 3C has clear rules on a judge’s recusal because of a family relationship with a lawyer in the case or previous ties to one of the lawyers while in practice. The case law, therefore, tends to deal with more remote relationships. Examples include:

What Is A Recusal?

• A recusal is when a judge or prosecutor is removed or relieved from a case or investigation due to a conflict of interest or other grounds.

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When Is Recusal Necessary?

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What If A Judge Refuses to Voluntarily Recuse?

Grounds For Recusal of A District Attorney

What Is An Attorney Pro tem?

What Is A Special Prosecutor?

Prosecutorial Recusal For Federal Prosecutors

Examples of Recent Recusals