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The provision that the same procedure shall be had when the presiding judge disqualifies himself was omitted as unnecessary. (See section 291 et seq. and section 455 of this title .) Words, “at which the proceeding is to be heard,” were added to clarify the meaning of words, “before the beginning of the term.” (See U.S. v. Costea, D.C.Mich. 1943, 52 F.Supp. 3.)
- 28 U.S. Code 455
Such provision is not made by statute in case of...
- Uscode - 28 USC 143
When the office of a district judge becomes vacant, all...
- Chapter 5
During each 2-year period, the chief judge, or his or her...
- 28 U.S. Code 455
The Basics of the Federal Disqualification Statutes. Motions to disqualify a federal judge can be brought under 28 U.S.C. § 455 and/or 28 U.S.C. § 144. The party bringing the disqualification motion always bears the burden of establishing the disqualifying judicial interest. See Point of Law (POL).
Such provision is not made by statute in case of disqualification or incapacity, for other cause. See sections 140, 143, and 144 of this title. If a judge or clerk of court is remiss in failing to notify the chief judge of the district or circuit, the judicial council of the circuit has ample power under section 332 of this title to apply a remedy.
A sample motion or notice of motion to recuse or disqualify a judge under 28 U.S.C. § 144 or 28 U.S.C. § 455. This Standard Document contains integrated drafting notes with important explanations and tips for drafting the caption, the body of the motion or notice of motion, the signature block, and proof of service. A sample motion or notice ...
28 U.S.C. Sec. 455 deals with the disqualification of district court judges and it states in part: Any justice, judge, or magistrate, of the United States shall disqualify himself/herself in any proceeding in which his/her impartiality might reasonably be questioned. See also 28 U.S.C. Sec. 144; Code of Judicial Conduct, Canon 3.C (1) (a).
This monograph offers a synthesis and analysis of the case law under 28 U.S.C. §§ 455 and 144 to assist judges in ruling on recusal. It identifies the core principles and recurring issues in the voluminous case law, and it examines how the courts of appeals have applied these principles.
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When judges are disqualified, they take no part in deciding cases that they would otherwise decide. Judicial disqualification is governed by federal statute, and when judges disqualify themselves, they do so most frequently under 28 U.S.C. § 455. This overview covers the basic circumstances in which judges should disqualify themselves.
