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The Indiana Law Library Blog

Judicial Recusal

The legal world has struggled with the question of judicial recusal for a long time.  When should a judge recuse himself?  Is he the best person to make that decision, or should another judge weigh in? There are certain standards—for example a judge should not be involved on a case in which she owns stock in one of the parties, but many of these rules are a little vague.  Some states leave it up to the judge to decide, other states allow parties to disqualify a judge, no questions asked.  A recent high-profile case, Caperton v. A.T. Massey Coal Co., Inc., has generated a great deal of talk on the subject.  Congress is now considering whether or not to step in. Also at the forefront of debate is our own Prof. Charles Geyh, who has been studying judicial recusal for the American Bar Association.  More on his project and its findings can be found in this article from Judicature. A nice piece in the National Law Journal sums up the latest. What do you think?  When and how should judges be recused?

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