Judges and Judiciary,
Ethics/Professional Responsibility
Mar. 7, 2023
Well, Recu-u-use Me!
Considering how basic the need for impartial judging is to the court system, it is surprising that the rule requiring parties to provide data for conflicts purposes is a relatively new development in California.
Benjamin G. Shatz
Partner in the Appellate Division of Duane Morris LLP's Trial Practice Group in the Los Angeles office, and leader of the firm's West Coast appellate practice.
Appellate Law (Certified), Litigation
Exceptionally Appealing appears the first Tuesday of the month.
A foundational assumption in litigation is that the judge deciding a case is completely neutral, having no interest in any given case or the well-being of the parties engaged in the dispute. This is why judges who do have an interest in the litigation or a financial stake with a litigant are supposed to recuse themselves and allow neutral judges to handle the case. By statute, federal judges must disqualify themselves when their impartiality could be questioned, incl...
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