Judicial Recusal Principles, Process and Problems
Judicial Recusal Principles, Process and Problems BY R Grant Hammond
|Author||R Grant Hammond|
|Publication Date||27 Jul 2009|
According to the doctrine of judicial recusal, a judge who has been duly appointed to hear and decide a case may be required to withdraw from that case, leaving it in the hands of another judge or judges. The topic is extremely important to both plaintiffs and their attorneys as well as "insiders" in the system. Recusal guidelines must be understood in order to comprehend the essentials of common law judicial practise. Because it explains most of what we need to know about what it means to "be a judge" and what carrying out that constitutional obligation entails, the topic is consequently of great academic and practical relevance. Therefore, it is not surprising that the topic has generated debate and some of the harshest criticisms ever levelled at specific judges.
The book begins with an introduction and then analyses the fundamental elements of the law, legal principles (common-law origins, contemporary law in the USA, UK, and Commonwealth), and the challenges that currently exist in cases and as a result of statutory operation. The third section examines the procedure, including final appeals, waiver, necessity, and appellate review. Then, three specific issues are discussed: judge misbehaviour in court, preconceived notions, and unconscious bias. The author's comments on potential recusal law revisions and future developments are included in the book's conclusion.
TABLE OF CONTENTS Of Judicial Recusal Principles, Process and Problems
Part A: Introduction
1. THE ESSENTIAL QUESTIONS
Part B: Principles
2. THE EVOLUTION OF THE PRESENT LAW IN THE COMMON LAW WORLD
3. THE CLASSIFICATION OF THE PRESENT DAY RECUSAL PRINCIPLES IN THE BRITISH COMMONWEALTH
4. AUTOMATIC DISQUALIFICATION IN THE BRITISH COMMONWEALTH
5. APPARENT BIAS IN THE BRITISH COMMONWEALTH
6. FEDERAL RECUSAL LAW IN THE UNITED STATES OF AMERICA
Part C: Process
7. THE IMPORTANCE OF PROCESS
8. PRUDENCE: IF IN DOUBT, OUT?
9. PRACTICE RULES AND PROTOCOLS
13. APPELLATE REVIEW OF LOWER COURT DECISIONS
14. RECUSAL PROCEDURE IN APPELLATE COURTS
Part D: Some Specific Problem Areas
15. JUDICIAL MISCONDUCT IN COURT: JUDGES WHO GO TOO FAR
16. PRIOR VIEWPOINTS
17. UNCONSCIOUS BIAS
Part E: The Future of Recusal Law
18. POSSIBLE REFORMS
19. JUDGES OR LEGISLATORS?