what does it mean to recuse the attorney general

by Dr. Neal Graham 10 min read

What does it mean to recuse a judge?

Jul 23, 2021 · According to Collins English Dictionary, Shabdkosh and the American Heritage Unabridged Dictionary of the English Language, the word recuse is a verb that means to abstain from being involved in decisions about a legal case because they are biased or have a conflict of interest of the presiding court official or administrative officer. For the canons of ethics and …

When must a prosecutor recuse himself?

To "recuse" means "to disqualify (oneself) as a judge in a particular case" — or, more generally, "to remove (oneself) from participation to avoid a conflict of interest."

What are synonyms and antonyms of recuse?

2: to disqualify (as oneself or another judge or official) for a proceeding by a judicial act because of prejudice or conflict of interest an order recusing the district attorney from any proceeding may be appealed by the district attorney or the Attorney General — California Penal Code

Will Attorney General Jeff Sessions recuse himself from Michael Cohen case?

verb (used with object), re·cused, re·cus·ing. to reject or challenge (a judge, juror, or attorney) as disqualified to act in a particular case, especially because of potential conflict of interest or bias. to disqualify or withdraw (oneself or someone else) from any position of judging or decision-making so as to avoid a semblance of personal interest or bias: The senator has recused …

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What does recuse mean in legal terms?

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.

What does order of recusal mean?

Judicial disqualification, also referred to as recusal, is the act of abstaining from participation in an official action such as a legal proceeding due to a conflict of interest of the presiding court official or administrative officer.

What does it mean for a justice to recuse themselves?

To disqualify or remove oneself as a judge over a particular proceeding because of one's conflict of interest. Recusal, or the judge's act of disqualifying himself or herself from presiding over a proceeding, is based on the MAXIM that judges are charged with a duty of impartiality in administering justice.

When should you recuse?

(Robert's Rules, 11th ed., p. 407.) Recusal normally occurs when a director has a conflict of interest or prejudice concerning a particular matter. A conflict of interest is any situation in which financial or other personal considerations may unduly influence the director's judgment.

Is a recusal a no vote?

Abstention refers to withholding a vote. By contrast, recusal refers to board members who remove themselves from a particular matter, especially regarding a conflict of interest. It's a bit of a technicality. Although, you could think of abstention as deciding not to vote on a particular matter.Dec 22, 2021

Do Supreme Court justices recuse themselves?

Under federal law, federal judges, including Supreme Court justices, are supposed to recuse themselves when they previously participated in a case or have a financial interest in it or when a close relative is involved.Mar 26, 2022

Can I ask a judge to recuse himself?

Any party in a lawsuit may request that a judge recuse him or herself. The Supreme Court addressed recusal in the 2009 case Caperton v. A. T. Massey Coal Co.

Why is recusal important?

Supreme Court recusal is important to the confirmation process for at least three reasons. First, because Supreme Court justices' recusal decisions are unreviewable and very rarely explained, the confirmation process may be the best opportunity for public vetting of a justice's views on recusal.Oct 28, 2020

Why would you recuse yourself?

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 is the difference between excuse and recuse?

The word recuse is derived from the Latin word recusare, which means to decline, reject or make an objection to. Excuse means to release someone from a requirement, to release someone from a duty.

Can a board member be forced to recuse?

If the Board determines that there is an actual or potential conflict of interest, the Member will be recused from all discussion and decision-making in the matter.

Definition of recuse

Other Words from recuse Did you know? Example Sentences Learn More About recuse

Did you know?

Recuse is derived from the Anglo-French word recuser, which comes from Latin recusare, meaning "to refuse." English speakers began using "recuse" with the meaning "to refuse or reject" in the 14th century.

Examples of recuse in a Sentence

Recent Examples on the Web The anonymous parent group on late Tuesday night called for Ugarte to recuse herself from the board’s vote because of the campaign contributions. — Kristen Taketa, San Diego Union-Tribune, 26 Aug.

Legal Definition of recuse

Anglo-French recuser to refuse, from Middle French, from Latin recusare, from re- back + causari to give a reason, from causa cause, reason

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 does "recuse yourself" mean?

Recuse most commonly means to withdraw from being in the position of judging a case or presiding over an investigation so as to avoid any partiality or bias. This sense of the word is used reflexively, meaning it’s always followed by a reflexive pronoun, as in recuse yourself, recuse himself, recuse themselves.

What does "disqualified" mean?

verb (used with object), re·cused, re·cus·ing. to reject or challenge (a judge, juror, or attorney) as disqualified to act in a particular case, especially because of potential conflict of interest or bias. to disqualify or withdraw (oneself or someone else) from any position of judging or decision-making so as to avoid a semblance ...

What is an order of recusal?

2 : to disqualify (as oneself or another judge or official) for a proceeding by a judicial act because of prejudice or conflict of interest an order recusing the district attorney from any proceeding may be appealed by the district attorney or the Attorney General — California Penal Code.

What does recusal mean in law?

to reject or challenge (a judge, juror, or attorney) as disqualified to act in a particular case, especially because of potential conflict of interest or bias.

Why would 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.

What disqualifies a Supreme Court justice?

All federal judges, including Justices of the United States Supreme Court, are disqualified from sitting in cases where their impartiality reasonably may be questioned, including situations where the judge has a personal or family financial interest in the proceeding, has personal knowledge of evidentiary facts, or has …

Should I write a letter to the judge?

Such letters are not helpful, and can prove quite harmful. The most common situation where a criminal defendant writes a letter to the judge involves a person who is in jail awaiting trial on a charge that could result in a lengthy prison term, and they are unable to come up with the bond money to get out of jail.

Can a victim write a letter to the judge?

As a victim of crime, you can write a “Victim Impact Statement” for the judge to read before sentencing the defendant in your case. Victim Impact Statements may be difficult to write, but they are a very important part of letting your voice be heard. A Victim Impact Statement can simply be a letter to the judge.

Do judges have to obey the law?

So adjudication rules give judges a legal duty to apply the law. If judges have a moral duty to obey adjudication rules, then they have a moral duty to apply the law. This is significant because judges often have reasons not to apply the law.

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