Applicable To Most Countries
Laws or court rules provide for recusal of judges. Although the details vary, the following are nearly universal grounds for recusal.
- The judge is related to a party, attorney, or spouse of either party (usually) within three degrees of kinship.
- The judge is a party.
- The judge is a material witness unless pleading purporting to make the Judge a party is false (determined by presiding judge, but see Substitution (law)).
- The judge has previously acted in the case in question as an attorney for a party, or participated in some other capacity.
- The judge prepared any legal instrument (such as a contract or will) whose validity or construction is at issue.
- Appellate judge previously handled case as a trial judge.
- The judge has personal or financial interest in the outcome. This particular ground varies by jurisdiction. Some require recusal if there is any interest at all in the outcome, while others only require recusal if there is interest beyond a certain value.
- The judge determines he or she cannot act impartially.
Read more about this topic: Judicial Disqualification
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