Judicial Disqualification - Responsibility and Consequences

Responsibility and Consequences

A judge who has grounds to recuse himself is expected to do so. If a judge does not know that grounds exist to recuse themselves (but does) the error is harmless. If a judge does not recuse themselves when they should have known to do so, they may be subject to sanctions, which vary by jurisdiction. Depending on the jurisdiction, if an appellate court finds a judgment to have been made when the judge in question should have been recused, it may set aside the judgment and return the case for retrial.