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Judicial disqualification

Index Judicial disqualification

Judicial disqualification, also referred to as recusal, is the act of abstaining from participation in an official action such as a legal proceeding due to a conflict of interest of the presiding court official or administrative officer. [1]

74 relations: A. Leon Higginbotham Jr., African Americans, Antonin Scalia, Appeal, Civil and political rights, Clarence Thomas, Conflict of interest, Consanguinity, Contract, David Souter, Dick Cheney, Elk Grove Unified School District v. Newdow, Environmentalism, Ethics, Felix Frankfurter, First Amendment to the United States Constitution, Fred M. Vinson, Government agency, Harlan F. Stone, Harmless error, Harry S. Truman, Hollingsworth v. Perry, Hugo Black, Hunting, Impartiality, In-chambers opinion, J. Michael Luttig, Jeff Sessions, Jewell Ridge Coal Corp. v. United Mine Workers of America, John Marshall, Judge, Laird v. Tatum, Lawsuit, Legal case, Lloyd's of London, Louis Brandeis, Marbury v. Madison, Martin v. Hunter's Lessee, Michael Mukasey, Motion (legal), Napoleon Beazley, Nemo iudex in causa sua, Paul D. Borman, Pledge of Allegiance (United States), Quebec Court of Appeal, R v Bow Street Metropolitan Stipendiary Magistrate, ex parte Pinochet, R v Sussex Justices, ex p McCarthy, Rasmea Odeh, Robert H. Jackson, Russian interference in the 2016 United States elections, ..., Sandra Day O'Connor, Solicitor General of the United States, Stephen Breyer, Sua sponte, Substitution (law), Supreme Court of the United States, Title 28 of the United States Code, Trial court, United States Attorney General, United States district court, United States House of Representatives, United States magistrate judge, United States Reports, United States Secretary of State, United States Senate, United States v. Virginia, Vice President of the United States, Virginia Military Institute, White House, Will and testament, William Rehnquist, Witness, Writ of prohibition, 1993 World Trade Center bombing. Expand index (24 more) »

A. Leon Higginbotham Jr.

Aloyisus Leon Higginbotham Jr. (February 25, 1928 – December 14, 1998) was a prominent African-American civil rights advocate, author, and federal appeals court judge.

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African Americans

African Americans (also referred to as Black Americans or Afro-Americans) are an ethnic group of Americans with total or partial ancestry from any of the black racial groups of Africa.

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Antonin Scalia

Antonin Gregory Scalia (March 11, 1936 – February 13, 2016) was an Associate Justice of the Supreme Court of the United States from 1986 until his death in 2016.

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Appeal

In law, an appeal is the process in which cases are reviewed, where parties request a formal change to an official decision.

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Civil and political rights

Civil and political rights are a class of rights that protect individuals' freedom from infringement by governments, social organizations, and private individuals.

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Clarence Thomas

Clarence Thomas (born June 23, 1948) is an American judge, lawyer, and government official who currently serves as an Associate Justice of the Supreme Court of the United States.

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Conflict of interest

A conflict of interest (COI) is a situation in which a person or organization is involved in multiple interests, financial or otherwise, and serving one interest could involve working against another.

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Consanguinity

Consanguinity ("blood relation", from the Latin consanguinitas) is the property of being from the same kinship as another person.

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Contract

A contract is a promise or set of promises that are legally enforceable and, if violated, allow the injured party access to legal remedies.

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David Souter

David Hackett Souter (born September 17, 1939) is a retired Associate Justice of the Supreme Court of the United States.

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Dick Cheney

Richard Bruce Cheney (born January 30, 1941) is an American politician and businessman who served as the 46th Vice President of the United States from 2001 to 2009.

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Elk Grove Unified School District v. Newdow

Elk Grove Unified School District v. Newdow,, was a case decided by the U.S. Supreme Court.

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Environmentalism

Environmentalism or environmental rights is a broad philosophy, ideology, and social movement regarding concerns for environmental protection and improvement of the health of the environment, particularly as the measure for this health seeks to incorporate the impact of changes to the environment on humans, animals, plants and non-living matter.

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Ethics

Ethics or moral philosophy is a branch of philosophy that involves systematizing, defending, and recommending concepts of right and wrong conduct.

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Felix Frankfurter

Felix Frankfurter (November 15, 1882February 22, 1965) was an American lawyer, professor, and jurist who served as an Associate Justice of the Supreme Court of the United States.

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First Amendment to the United States Constitution

The First Amendment (Amendment I) to the United States Constitution prevents Congress from making any law respecting an establishment of religion, prohibiting the free exercise of religion, or abridging the freedom of speech, the freedom of the press, the right to peaceably assemble, or to petition for a governmental redress of grievances.

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Fred M. Vinson

Frederick "Fred" Moore Vinson (January 22, 1890 – September 8, 1953) was an American Democratic politician who served the United States in all three branches of government.

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Government agency

A government or state agency, sometimes an appointed commission, is a permanent or semi-permanent organization in the machinery of government that is responsible for the oversight and administration of specific functions, such as an intelligence agency.

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Harlan F. Stone

Harlan Fiske Stone (October 11, 1872 – April 22, 1946) was an American political figure, lawyer, and jurist.

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Harmless error

A harmless error is a ruling by a trial judge that, although mistaken, does not meet the burden for a losing party to reverse the original decision of the trier of fact on appeal, or to warrant a new trial.

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Harry S. Truman

Harry S. Truman (May 8, 1884 – December 26, 1972) was an American statesman who served as the 33rd President of the United States (1945–1953), taking office upon the death of Franklin D. Roosevelt.

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Hollingsworth v. Perry

Hollingsworth v. Perry refers to a series of United States federal court cases that legalized same-sex marriage in the State of California.

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Hugo Black

Hugo Lafayette Black (February 27, 1886 – September 25, 1971) was an American politician and jurist who served in the United States Senate from 1927 to 1937, and as an Associate Justice of the Supreme Court of the United States from 1937 to 1971.

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Hunting

Hunting is the practice of killing or trapping animals, or pursuing or tracking them with the intent of doing so.

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Impartiality

Impartiality (also called evenhandedness or fair-mindedness) is a principle of justice holding that decisions should be based on objective criteria, rather than on the basis of bias, prejudice, or preferring the benefit to one person over another for improper reasons.

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In-chambers opinion

An in-chambers opinion is an opinion by a single justice or judge of a multi-member appellate court, rendered on an issue that the court's rules or procedures allow a single member of the court to decide.

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J. Michael Luttig

John Michael Luttig (born June 13, 1954) is an American lawyer and a former United States Circuit Judge of the United States Court of Appeals for the Fourth Circuit.

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Jeff Sessions

Jefferson Beauregard Sessions III (born December 24, 1946) is an American politician and lawyer serving as the 84th and current Attorney General of the United States since 2017.

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Jewell Ridge Coal Corp. v. United Mine Workers of America

Jewell Ridge Coal Corp.

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John Marshall

John James Marshall (September 24, 1755 – July 6, 1835) was an American politician and the fourth Chief Justice of the United States from 1801 to 1835.

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Judge

A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges.

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Laird v. Tatum

Laird v. Tatum,, was a case in which the United States Supreme Court dismissed for lack of ripeness a claim in which the plaintiff accused the U.S. Army of alleged unlawful "surveillance of lawful citizen political activity." The appellant's specific nature of the harm caused by the surveillance was that it chilled the First Amendment rights of all citizens and undermined that right to express political dissent.

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Lawsuit

A lawsuit (or suit in law) is "a vernacular term for a suit, action, or cause instituted or depending between two private persons in the courts of law." A lawsuit is any proceeding by a party or parties against another in a court of law.

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Legal case

A legal case is a dispute between opposing parties resolved by a court, or by some equivalent legal process.

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Lloyd's of London

Lloyd's of London, generally known simply as Lloyd's, is an insurance market located in London, United Kingdom.

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Louis Brandeis

Louis Dembitz Brandeis (November 13, 1856 – October 5, 1941) was an American lawyer and associate justice on the Supreme Court of the United States from 1916 to 1939.

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Marbury v. Madison

Marbury v. Madison,, was a U.S. Supreme Court case that established the principle of judicial review in the United States, so that American courts have the power to strike down laws, statutes, and executive actions that contravene the U.S. Constitution.

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Martin v. Hunter's Lessee

Martin v. Hunter's Lessee,, was a landmark United States Supreme Court case decided on March 20, 1816.

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Michael Mukasey

Michael Bernard Mukasey (born July 28, 1941) is a lawyer and former federal judge who served as the 81st Attorney General of the United States.

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Motion (legal)

In United States law, a motion is a procedural device to bring a limited, contested issue before a court for decision.

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Napoleon Beazley

Napoleon Beazley (August 5, 1976 – May 28, 2002) was a convicted murderer executed by lethal injection by the State of Texas for the murder of 63-year-old businessman John Luttig in 1994.

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Nemo iudex in causa sua

Nemo iudex in causa sua (or nemo iudex in sua causa) is a Latin phrase that means, literally, "no-one should be a judge in his own case." It is a principle of natural justice that no person can judge a case in which they have an interest.

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Paul D. Borman

Paul D. Borman (born January 7, 1939) is a United States District Judge of the United States District Court for the Eastern District of Michigan, having been appointed in 1994.

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Pledge of Allegiance (United States)

The Pledge of Allegiance of the United States is an expression of allegiance to the Flag of the United States and the republic of the United States of America.

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Quebec Court of Appeal

The Court of Appeal of Quebec (sometimes referred to as Quebec Court of Appeal or QCA) (in French: la Cour d'appel du Québec) is the highest judicial court in Quebec, Canada.

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R v Bow Street Metropolitan Stipendiary Magistrate, ex parte Pinochet

R (Pinochet Ugarte) v Bow St Metropolitan Stipendiary Magistrate, 119 and is a set of three UK constitutional law judgments by the House of Lords, on whether former Chilean dictator Augusto Pinochet could claim state immunity from torture allegations made by a Spanish court and therefore evade extradition to Spain.

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R v Sussex Justices, ex p McCarthy

R v Sussex Justices, Ex parte McCarthy (1 KB 256, All ER Rep 233) is a leading English case on the impartiality and recusal of judges.

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Rasmea Odeh

Rasmea Yousef Odeh in Arabic رسمية يوسف عودة (born 1947/1948; also known as Rasmea Yousef, Rasmieh Steve, and Rasmieh Joseph Steve), US v. Odeh, US District Court for the Eastern District of Michigan, March 12, 2015 (Gershwin A. Drain, US District Judge) is a Jordanian and former American citizen of Palestinian origin who was a member of the Popular Front for the Liberation of Palestine convicted by Israeli courts for her role in the murder of two students, Leon Kanner and Eddie Joffe in the 1969 Jerusalem Supermarket bombing. After her release in a prisoner exchange, she immigrated to the United States, became a U.S. citizen, and she served as associate director at the Arab American Action Network in Chicago, Illinois. Odeh was convicted in 1970 of involvement in the 1969 PFLP bombings in Jerusalem in which two people were killed, and in 2014 by a US federal jury of immigration fraud. She was sentenced to life in prison in Israel for her involvement in two terrorist bombings in Jerusalem in 1969, one of which killed two people, and involvement in an illegal organization, the Popular Front for the Liberation of Palestine (PFLP). She spent 10 years in prison before she was released in a prisoner exchange with the PFLP in 1980. In a 1980 interview she confessed to participating in two bombings with PFLP, though says the intent was not to hurt anyone. Odeh was convicted of immigration fraud on November 10, 2014, by a jury in federal court in Detroit, Michigan, for concealing her arrest, conviction, and imprisonment for the 1969 bombings. On December 11, 2014, she was released on bond pending sentencing. Odeh's counsel maintains she did not receive a "full and fair trial" because the judge ruled as irrelevant her testimony that her confession to the crimes had been extracted by torture while she was in the custody of Israeli police in 1969. On February 13, 2015, federal Judge Gershwin A. Drain denied Odeh's request that he either overturn the federal jury’s conviction of her or grant her a new trial. He ruled that her argument lacked legal merit, as evidence showed that Odeh illegally obtained U.S. citizenship, the jurors "clearly did not believe explanation", and that "the evidence was more than sufficient to support the jury’s verdict." Odeh was sentenced to 18 months in federal prison on March 12, 2015, stripped of her US citizenship, and set for deportation to Jordan after serving her time. She was free on bail while she appealed. Her conviction was vacated by the 6th Circuit Court of Appeals and sent back to the District Court in February 2016. In April 2017 she pleaded guilty to failing to disclose her previous conviction on her citizenship application. As part of the plea agreement she was deported without serving jail time.

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Robert H. Jackson

Robert Houghwout Jackson (February 13, 1892 – October 9, 1954) was an American attorney and judge who served as an Associate Justice of the United States Supreme Court.

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Russian interference in the 2016 United States elections

The Russian government interfered in the 2016 U.S. presidential election in order to increase political instability in the United States and to damage Hillary Clinton's presidential campaign by bolstering the candidacies of Donald Trump, Bernie Sanders and Jill Stein.

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Sandra Day O'Connor

Sandra Day O'Connor (born March 26, 1930) is a retired Associate Justice of the Supreme Court of the United States, having served from her appointment in 1981 by Ronald Reagan until 2006.

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Solicitor General of the United States

The United States Solicitor General is the fourth-highest-ranking official in the U.S. Department of Justice.

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Stephen Breyer

Stephen Gerald Breyer (born August 15, 1938) is an American lawyer, professor, and jurist who serves as an Associate Justice of the Supreme Court of the United States.

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Sua sponte

In law, sua sponte (Latin: "of his, her, its or their own accord") or suo motu "on its own motion" describes an act of authority taken without formal prompting from another party.

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Substitution (law)

In legal terms, the right of substitution is a statutory right of all parties except the state.

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Supreme Court of the United States

The Supreme Court of the United States (sometimes colloquially referred to by the acronym SCOTUS) is the highest federal court of the United States.

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Title 28 of the United States Code

Title 28 (Judiciary and Judicial Procedure) is the portion of the United States Code (federal statutory law) that governs the federal judicial system.

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Trial court

A trial court or court of first instance is a court having original jurisdiction, in which trials take place.

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United States Attorney General

The United States Attorney General (A.G.) is the head of the United States Department of Justice per, concerned with all legal affairs, and is the chief lawyer of the United States government.

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United States district court

The United States district courts are the general trial courts of the United States federal court system.

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United States House of Representatives

The United States House of Representatives is the lower chamber of the United States Congress, the Senate being the upper chamber.

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United States magistrate judge

In United States federal courts, magistrate judges are judges appointed to assist district court judges in the performance of their duties.

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United States Reports

The United States Reports are the official record (law reports) of the rulings, orders, case tables (list of every case decided, in alphabetical order both by the name of the petitioner (the losing party in lower courts) and by the name of the respondent (the prevailing party below)), and other proceedings of the Supreme Court of the United States.

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United States Secretary of State

The Secretary of State is a senior official of the federal government of the United States of America, and as head of the U.S. Department of State, is principally concerned with foreign policy and is considered to be the U.S. government's equivalent of a Minister for Foreign Affairs.

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United States Senate

The United States Senate is the upper chamber of the United States Congress, which along with the United States House of Representatives—the lower chamber—comprise the legislature of the United States.

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United States v. Virginia

United States v. Virginia,, is a landmark case in which the Supreme Court of the United States struck down the long-standing male-only admission policy of the Virginia Military Institute (VMI) in a 7–1 decision. (Justice Clarence Thomas, whose son was enrolled at VMI at the time, recused himself.).

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Vice President of the United States

The Vice President of the United States (informally referred to as VPOTUS, or Veep) is a constitutional officer in the legislative branch of the federal government of the United States as the President of the Senate under Article I, Section 3, Clause 4, of the United States Constitution, as well as the second highest executive branch officer, after the President of the United States.

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Virginia Military Institute

The Virginia Military Institute (VMI) is a state-supported military college in Lexington, Virginia, the oldest such institution in the United States.

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White House

The White House is the official residence and workplace of the President of the United States.

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Will and testament

A will or testament is a legal document by which a person, the testator, expresses their wishes as to how their property is to be distributed at death, and names one or more persons, the executor, to manage the estate until its final distribution.

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William Rehnquist

William Hubbs Rehnquist (October 1, 1924 – September 3, 2005) was an American lawyer and jurist who served on the Supreme Court of the United States for 33 years, first as an Associate Justice from 1972 to 1986, and then as the 16th Chief Justice of the United States from 1986 until his death in 2005.

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Witness

A witness is someone who has, who claims to have, or is thought, by someone with authority to compel testimony, to have knowledge relevant to an event or other matter of interest.

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Writ of prohibition

A writ of prohibition is a writ directing a subordinate to stop doing something the law prohibits.

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1993 World Trade Center bombing

The 1993 World Trade Center bombing was a terrorist attack on the World Trade Center, carried out on February 26, 1993, when a truck bomb detonated below the North Tower of the World Trade Center in New York City.

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Redirects here:

Challenge to judge, Disqualification (law), Judicial Disqualification, Necessity rule, Recusal, Recuse, Recused, Rule of necessity.

References

[1] https://en.wikipedia.org/wiki/Judicial_disqualification

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