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As I understand it people recuse themselves from making decisions in a role (judge, lawyer, board member) in situations where there is a conflict of interest.

That being said, can a non-judicial party (for example a community association manager of an HOA) recuse a board member from voting or participating in a decision? or is the decision to recuse always a self-recusal?

gatorback
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2 Answers2

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The definition of "Recuse" is :

To remove (oneself) from participation to avoid a conflict of interest

The word "recuse" is from the Latin word "recusare", which means "to refuse."

You can recuse plurally, but if you are plurally recusing a group you are doing it on behalf of the group (meaning you are also recusing yourself).

In the situation given I believe the word "barred" would work better to describe the action taken.

The community association manager of the HOA barred the board member from voting or participating in a decision.

User37849012643
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In practice, "requests that someone recuse themselves" are not uncommon, and if someone fails to recuse themselves as requested, their failure to do so is subject to judicial review if it is causally connected to an adverse result that the person requesting the recusal experiences.

ohwilleke
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