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Questions tagged [recusal]

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Would a Trump-nominated Supreme Court justice be expected to recuse themselves from a Trump case?

As of Oct 21, 2022, the January 6 Committee has issued a subpoena to former president Trump, setting up the potential for a case against Trump to end up in front of the Supreme Court. I spent awhile trying to find precedent on what would happen were…
TheEnvironmentalist
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What happens if all nine Supreme Justices recuse themselves?

All nine justices of the Supreme Court are forced to recuse themselves from a case. The reasons are unimportant; just assume that it happens. What happens next? EDIT: It appears that the reasons are actually important. For purposes of conjecture,…
In Hoc Signo
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Could a justice be sued in a case that goes, ‘‘all the way up to the Supreme Court?’’

Hypothetical. Person (A), before in his life, had engaged in some act that, allegedly, defamed some other person (B); later on in life, person (A) becomes an associate justice of the U.S. Supreme Court... Could person (B) sue person (A), and take…
user49993
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How does one find a judge for highly publicized issues?

For example, suppose Donald Trump is brought to trial for inciting the 2021 storming of the United States Capitol. It's virtually inconceivable that there'll be any judge who hasn't seen that incident in the news. Therefore they already have some…
Allure
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What would happen if a case before the Supreme Court court involved a conflict of interest for all justices?

I realize this might be a silly scenario, but suppose that nine of the storage units in the Wooden v. United States case had been rented by Supreme Court justices. Then all of the justices might have a conflict of interest in a case that was…
adam.baker
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How does one find jury members for highly publicized issues?

An extension of How does one find a judge for highly publicized issues? The answer to that question says that judges can adjudicate a case even if they had prior knowledge of the facts, and can be trusted to do so fairly because they are trained not…
Allure
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Grounds to request recusal of opposing (litigating) laywer

Here is my situation, it's a bit of a snafu on both paperwork/ contracts side of things as well entity formation and exactly "who is who" since the project was done as individuals and then slid into a third party company owned by one of the project…
Jennifer
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A successful litigant complaining of bias

Are there any cases (from any jurisdiction) in which a successful litigant complained of bias? As in, even while the decision below was favourable to them, they are still aggrieved that a particular judge did not recuse themselves.
Zarka
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Recusal When Judge is Affected by Law

Let us say that a religious group (I will call them the Presleytarian Church of Elvis) somehow becomes so strongly disliked that Congress passes a law which outlaws the sect. The leaders of the PCoE challenge the new law in court, and it turns out…
EvilSnack
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Can application for leave to appeal be determined by the judge whose decision is being appealed?

Appeals to the next level court may first require leave to appeal. Say in New Zealand, where a party wants to appeal a decision of the High Court to the Court of Appeal, they may need to apply to the Court of Appeal for leave to appeal. Whether or…
Greendrake
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Recusal: can someone recuse someone else?

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…
gatorback
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Should a prosecutor who is personally interested in a case recuse themselves from it?

If so, by what rule(s) or principle(s) is this the case? Obviously judges are required to be impartial and expected to otherwise recuse themselves. But does the same hold true of prosecutors?
TylerDurden
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